Abraham & Brother v. Nunn
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. John Moore. This action was brought by J. Abraham & Brother partners, against Theodore Nunn, to recover damages for the conversion of three bales of cotton, and was commenced on the 30th day of April, 1866. No pleas are found in the record, and it does not appear that any were filed.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. John Moore. This action was brought by J. Abraham & Brother partners, against Theodore Nunn, to recover damages for the conversion of three bales of cotton, and was commenced on the 30th day of April, 1866. No pleas are found in the record, and it does not appear that any were filed. DeBardlaben, a witness for the plaintiff, “proved that the defendant, as warehouseman, received of one Hall three bales of cotton in 1863; that Hall transferred to plaintiffs the receipt given by defendant for the cotton in 1863. The receipt was in…
1Opinion of the CourtByrd, J.
[1.] In the case of the Ala. & Tenn. Rivers R. R. Co. v. Kidd, 35 Ala. 220, this court held that “ trover will not lie for goods lost or stolen by the negligence of a warehouseman.” To this doctrine we adhere. Hence, trover will not lie where goods are taken by an armed force without any negligence or complicity on the part of the bailee. Construing the charge given by the court with reference to the evidence, we are of opinion that the court committed no error in giving it . — Conner et al. v. Allen et al., 33 Ala. R. 516; Edwards on Bailm. 130; Story on Bailm. §§ 269, 408; Devereux et al.…
2Cases cited4 opinions
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Shields v. HenrySupreme Court of Alabama · 1857
- Stephens v. BrodnaxSupreme Court of Alabama · 1843
- Raines' Adm'r v. Raines' CreditorsSupreme Court of Alabama · 1857
3Cited by8 opinions
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
- Diggs v. StateSupreme Court of Alabama · 1873
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- Hart v. Bray & Bros.Supreme Court of Alabama · 1874
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