Railway Express Agency, Inc. v. Luverne Bank & Trust Co.

Supreme Court of Alabama

Railway Express Agency, Inc. v. Luverne Bank & Trust Co.

2 So. 2d 790, 241 Ala. 352, 1941 Ala. LEXIS 113

CourtSupreme Court of Alabama

DecidedJune 5, 1941

Docket4 Div. 215.

StatusPublished

Cited by2 cases

This text of 2 So. 2d 790 (Railway Express Agency, Inc. v. Luverne Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Railway Express Agency, Inc. v. Luverne Bank & Trust Co., 2 So. 2d 790, 241 Ala. 352, 1941 Ala. LEXIS 113 (Ala. 1941).

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Opinion

BROWN, Justice.

The opinion of the Court of Appeals, 2 So.2d 787, approves in general terms the contention of appellant that “under the well-recognized doctrine that title to money obtained by theft or fraud passes by mere delivery.” [Italics supplied.]

This contention seems to be in conflict with Allen v. M. Mendelsohn & Son, 207 Ala. 527, (528), 93 So. 416, 31 A.L.R. 1063, which holds that a thief gets no title through his theft. However, the case presented is not a case of theft, and on the facts stated the question of good faith on the part of the defendant was for the jury.

Writ denied. Judgment affirmed.

GARDNER, C. J., and THOMAS and FOSTER, JJ., concur.

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