Riddle v. Blair
Supreme Court of Alabama
Trover. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. This was an action for conversion of certain cotton seed alleged to have been mixed by the agent of defendant with other seed. The first count is in case, and counts on a destruction of the mortgage lien. The other counts are for the conversion of the seed after a constructive delivery to plaintiff under a mortgage executed by one Francis Dawson.
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Trover. Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. This was an action for conversion of certain cotton seed alleged to have been mixed by the agent of defendant with other seed. The first count is in case, and counts on a destruction of the mortgage lien. The other counts are for the conversion of the seed after a constructive delivery to plaintiff under a mortgage executed by one Francis Dawson. A number of demurrers were interposed to the counts, not necessary to be. here set out. It appears from the evidence that Francis Dawson was the tenant of one Mrs. Nabors, and…
1Opinion of the CourtTyson, C. J.
— It is an elementary principle that a bailee cannot in general, dispute the title of his bailor, and his duty, on the termination of tlie bailment, is to restore the property to the person from Avliom he received it. Powell v. Robinson, 76 Ala. 423. “The rule is that the depositary is bound to redeliver or restore the chattels bailed to the bailor, and the bailor may re-coArer the goods of his bailee Avithout proving his right of property in them. Until the goods are seized by the rightful OAvner or by some superior title, the depositary is compelled to restore the goods to the person from…
2Cases cited2 opinions
- Powell v. Robinson & LedyardSupreme Court of Alabama · 1884
- Crosswell v. Lehman, Durr & Co.Supreme Court of Alabama · 1875
3Cited by9 opinions
- Jensen v. Eagle Ore Co.Supreme Court of Colorado · 1910
- Atlantic Coast Line R. R. v. Dahlberg Brokerage Co.Supreme Court of Alabama · 1910
- Marshall Milling Co. v. RosenbluthAppellate Court of Illinois · 1924
- Blair v. RiddleAlabama Court of Appeals · 1912
- Riddle v. BlairSupreme Court of Alabama · 1909
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