Calvert v. Marlow
Supreme Court of Alabama
Error to the County Court of Mobile. The defendant, as surviving partner of Charles Hammond, sued the plaintiff in error to recover a note or its proceeds, made payable to the firm by Fleming Freeman. Counts in debt and detinue as on a bailment and a finding, were united in the declaration, and there was a demurrer by the defendant, which was overruled by the court.
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Error to the County Court of Mobile. The defendant, as surviving partner of Charles Hammond, sued the plaintiff in error to recover a note or its proceeds, made payable to the firm by Fleming Freeman. Counts in debt and detinue as on a bailment and a finding, were united in the declaration, and there was a demurrer by the defendant, which was overruled by the court. The defendant relied on the defence that he received said note as administrator of said Hammond and that it was the individual property of said Hammond at the time of his death, and for the purpose of showing the character of his…
1Opinion of the CourtChilton, J.
1. It is insisted that there is a misjoinder of counts in the declaration — debt and detinue being joined.
Originally the action of detinue was nothing more than an action of debt in the detiiiet, or detinue on a bailment, but in more modern times, it is allowed to bring it for chattels tortiously taken. I apprehend that originally it was allowable only to unite a count in debt with detinue upon a bailment, and not where the count in detinue was for a tortious detention. Sqch seems to be the opinion entertained by the Court of Appeals of Kentucky, in Buckner v. Hamilton, 3 Dana’s Rep. 44. But…
2Cases cited2 opinions
- Peters v. DavisMassachusetts Supreme Judicial Court · 1811
- Calvert v. MarlowSupreme Court of Alabama · 1844
3Cited by6 opinions
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1884
- Sims v. BoyntonSupreme Court of Alabama · 1858
- Watts v. CleggSupreme Court of Alabama · 1872
- Lide v. Lide's Adm'rSupreme Court of Alabama · 1858
- Rice v. Merchants & Planters National BankSupreme Court of Alabama · 1892
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