Opinion

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

  • 241 Ala. 352
  • 2 So. 2d 790
  • 1941 Ala. LEXIS 113
Court
Supreme Court of Alabama
Filed
Jun 5, 1941
Status
Published
Author
Brown
On the bench
Brown, Gardner, Thomas, Foster
Cited by
2 cases
Authority
More cited than 55.3%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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