Legal Opinion

Patterson v. Irvin

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 5 opinions

Appeal from the Circuit Court of Coosa. Tried before the Hon. N. D. Denson. This is an action of Trover brought by the appellee (Irvin) against the appellant (Patterson) originallv in Justice Court, for the conversion of one red and wMo spotted steer, appealed to the Circuit Court and from a judgment in favor of appellee in that court this appeal is prosecuted.

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Appeal from the Circuit Court of Coosa. Tried before the Hon. N. D. Denson. This is an action of Trover brought by the appellee (Irvin) against the appellant (Patterson) originallv in Justice Court, for the conversion of one red and wMo spotted steer, appealed to the Circuit Court and from a judgment in favor of appellee in that court this appeal is prosecuted. The evidence, as appears from the hill of exceptions, shows without conflict that on Peb. 3rd, 1900, L. C. Sinclair owned the steer in controversy and was in possession of the same, and that he then lived in Clay County and the…

1Opinion of the Court

McCLELLAN, o. J.

No evidence was adduced or proposed tending to show that John Irvin received any notice as agent of the plaintiff or while engaged in or about any act or transaction of such agency of the mortgage executed by Sinclair to the defendant. To the contrary, while defendant offered evidence to show that he had informed John Irvin, of the existence of such mortgage, it was made to affirmatively appear that this information, assuming it to have been given at all, was imparted upon a casual occasion when no act or transaction of the agency was pending and had no reference to the…

2Cited by5 opinions

  1. Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
  2. Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
  3. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  4. Morris v. 1st National BankSupreme Court of Alabama · 1909
  5. Oliver v. Grande Ronde Grain Co.Oregon Supreme Court · 1914

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