Home/Alabama Court of Appeals/Farmers Co-op. Warehouse Ass'n v. Shikles

Farmers Co-op. Warehouse Ass'n v. Shikles

51 So. 2d 554, 35 Ala. App. 636, 1951 Ala. App. LEXIS 536
CourtAlabama Court of Appeals
DecidedMarch 6, 1951
Docket6 Div. 97
StatusPublished
Cited by2 cases

This text of 51 So. 2d 554 (Farmers Co-op. Warehouse Ass'n v. Shikles) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farmers Co-op. Warehouse Ass'n v. Shikles, 51 So. 2d 554, 35 Ala. App. 636, 1951 Ala. App. LEXIS 536 (Ala. Ct. App. 1951).

Opinions

CARR, Presiding Judge.

This is a suit for damages for the alleged conversion of two bales of cotton. The verdict of the jury and the judgment thereon were in favor of the plaintiff and against the defendant, Farmers Cooperative Warehouse Association.

It appears from the evidence without dispute that Rubbon Chandler and his father, K. H. Chandler, executed a mortgage to Mr. Shikles, the plaintiff below. The two bales of cotton of concern were conveyed to secure the indebtedness evidenced by the mortgage. The instrument was duly recorded.

The factual issue of critical concern is whether or not the appellant bought the cotton from Rubbon Chandler.

Rubbon did not testify at the trial. Apparently he had left the State. His father appeared as a witness for the plaintiff, and his testimony with reference to the sale of the two bales of cotton is (we omit the objections to the questions and rulings of the court) :

“Q. Tell the jury what happened on October 23rd about that ticket,—how come you with it? A. Well, he (Rubbon Chandler) sold the cotton—picked it and sold it.
“Q. Where did he sell it? A. Down here at the warehouse.
“Q. Who bought it,—who- graded it? Who graded the cotton? A. They had two cotton buyers on the yard, but I couldn’t tell you what their names were.
“Q. Would you know them if you would see them? A. I think I would.
“Q. How about that fellow, Mr. Powell ? A. I have saw Mr. Powell, but he wasn’t on the yard. He was inside the building.
“Q. Tell the jury who did it. A. Those two young fellows graded the cotton, and I took the ticket inside and got a check for it,—the boy did, but I was with the boy when he done it.
“Q. Did you see Mr. Powell around there? A. Yes.
“Q. He didn’t have nothing to say about this cotton? A. No; I didn’t say nothing to him and he didn’t say anything tO' me. The boy out there graded the cotton and I took the ticket in there and the girl in there filled the check out.
“Q. Who was the check signed by? A. I don’t remember how the check was signed, whether it was Mr. Powell’s name or the name of the warehouse.
“Q. Are those the two tickets you got there at that time, on that occasion? A. Yes, sir.”

Then follows a copy of the indicated ticket, which was introduced as plaintiff’s Exhibit “B”:

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Related

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66 So. 2d 159 (Alabama Court of Appeals, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
51 So. 2d 554, 35 Ala. App. 636, 1951 Ala. App. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-co-op-warehouse-assn-v-shikles-alactapp-1951.