Henderson-Mizell Mercantile Co. v. Chapman & Co.
Alabama Court of Appeals
Appeal- from Geneva Circuit Court. Heard, before Hon. H. A. Pearce. Trover by C. D. Chapman & Co., against the Henderson-Mizell Mercantile Company. Judgment for plaintiff and defendant appeals.
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Appeal- from Geneva Circuit Court. Heard, before Hon. H. A. Pearce. Trover by C. D. Chapman & Co., against the Henderson-Mizell Mercantile Company. Judgment for plaintiff and defendant appeals. If any conversion occurred Pinckard was tbe only.one liable. — Dent é Cade v. Childs, 5 S'. & P. 392. The principal was in no event liable, unless tbe employe was acting for or on behalf of the corporation or was engaged in a business within the scope of his employment. — Authorities supra. The court erred in' admitting the declarations made long-after the transaction, had occurred. — N els on v.…
1Opinion of the CourtWalker-, P. J.
This is an action for the conversion of a wagon and two mules which had been mortgaged to the plaintiff (the appellee here). The transaction on .which is based the charge that the defendant (appellant) corporation converted the mortgaged property was as follows: The mortgagor, Campbell, who lived in Florida, came in the wagon, accompanied by his young son, to the town of Samson in this state, stopped in the street near the storehouse of the defendant, unhitched the mules and tied them to the hind wheel of the wagon, and went into the defendant’s store. While he was in the store .making a…
2Cases cited6 opinions
- Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
- Jordan v. Ala. Great Southern RailroadSupreme Court of Alabama · 1883
- Daniels v. CarneySupreme Court of Alabama · 1906
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1890
- Johnson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Birmingham Ledger Co. v. BuchananAlabama Court of Appeals · 1914
- Alabama Great Southern R. R. v. PounceyAlabama Court of Appeals · 1913
- Colley v. LewisAlabama Court of Appeals · 1913
- Southern Railway Co. v. BurnettAlabama Court of Appeals · 1912