Traders' Nat. Bank v. Huttig Mfg. Co.

• Decision Date: 30 June 1911
• Citation: 1 Ala.App. 452,55 So. 928
• Parties: TRADERS' NAT. BANK v. HUTTIG MFG. CO.
• Court: Alabama Court of Appeals

55 So. 928

1 Ala.App. 452

TRADERS' NAT. BANK v. HUTTIG MFG. CO.

Court of Appeals of Alabama

June 30, 1911

Appeal from City Court of Birmingham; C. C. Nesmith, Judge.

Action by the Huttig Manufacturing Company against the Traders' National Bank for conversion. Judgment for plaintiff, and defendant appeals. Affirmed.

John H. Miller, for appellant.

Allen & Bell, for appellee.

WALKER, P.J.

The propositions advanced in behalf of the appellant must be disposed of adversely to it on the authority of the ruling made in the case of People's Savings Bank & Trust Co. v. Huttig Manufacturing Co., 55 So. 929. The present case is not differentiated in principle from the case referred to by the fact, disclosed in this case, that, on the payment of the note to the appellant, which was secured by the wrongfully obtained warehouse receipts representing the appellee's property, the warehouse receipts were by the appellant, at the request of the maker of the note, turned over to third persons, who were strangers to the appellee. That act did not obliterate the conversion which was consummated by the unauthorized hypothecation to the appellant. Indeed, that act itself would have amounted to a conversion of the appellee's property, without regard to what had gone before.

Affirmed.