Bullard v. Young
Supreme Court of Alabama
In the Circuit Court of Shelby county, Allen Bullard brought an action of trover, against Smith L. Young, for the conversion of a certain quantity of flour, received by him of the plaintiff.
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In the Circuit Court of Shelby county, Allen Bullard brought an action of trover, against Smith L. Young, for the conversion of a certain quantity of flour, received by him of the plaintiff. The case was tried at the term, 1827, when it was shewn in evidence, as appears from the bill of exceptions, that the plaintiff delivered to the defendant, 357 lbs. of wheat flour, which he was carry and re-deliver at the plaintiff’s residence, in Mon-tevallo; that the defendant left it at one Shelly’s, from which place, one Taylor took one half of it, by mistake, believing it his own; that the remaining…
1Opinion of the Court
BY JUDGE WHITE.
Young was a bailee or carrier, who undertook to deposite the flour at a particular place for the plaintiff. This he did not do, but wilfully and of his own accord left it at another place whence it was innocently taken by a third person, who paid him, the defendant, -for it. In first Chitty on pleading, page 159, *48it ’s sa‘d “that when a carrier by mistake delivers goods-to a wrong person, trover will lie, though it would be otherwise if they had been lost by accident.” See also 3d Slarkie 1493 to the same point In the present case, even the apology of a mistake is net…
2Cited by4 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Gibbons v. FarwellMichigan Supreme Court · 1886
- Louisville & Nashville R. R. v. BarkhouseSupreme Court of Alabama · 1892
- Mobile J. & K. R. R. v. Bay Shore Lumber Co.Supreme Court of Alabama · 1910