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

> Supreme Court of Alabama · June 5, 1941 · 241 Ala. 352

URL: https://www.frixlaw.com/law-library/cases/3223462

## Case

- **Full name:** RAILWAY EXPRESS AGENCY, Inc., v. LUVERNE BANK & TRUST CO.
- **Court:** Supreme Court of Alabama
- **Decided:** June 5, 1941
- **Citations:** 241 Ala. 352; 2 So. 2d 790; 1941 Ala. LEXIS 113
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Gardner, Thomas, Foster
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3223462

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3223462. Public record. Not legal advice.