Detinue by George Stuart, Jr., against J. I-I. Natzke, for a cow. Judgment for plaintiff, and defendant appeals. The agreed statement of facts are as follows: Defendant Natzke had dealt with Golding before, buying from him. The cow in question was traded by Golding to Natzke for a cord of wood, a heifer, and a hog, worth $45, collectively. Natzke had no knowledge that Golding, _ who had the cow with him, was not the owner of the cow.
Good law ✅— No negative treatment on recordhow we know
Reversed and rendered · Decided 1917-04-10
How this case has been cited
Cited by 5 later decisions — most recently November 1948
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The agreed state of facts shows, not only that the plaintiff committed the possession of the cow in controversy to Golding, but that he gave Golding express authority to sell the cow; not only this, under the arrangement between plaintiff and Golding, Golding was given an interest in the property, or, at least, was to participate in the proceeds of the sale. The defendant had, on other occasions, bought of Golding, and on this occasion dealt with him as owner of the property, and without notice of his agency, or that plaintiff was owner of the cow. . ■
¶2
We hold that the principles decisive of this case are stated in the following authorities: Bent v. Jerkins, 112 Ala. 485, 20 South. 655; People’s Savings Bank & Trust Co. v. Huttig Mfg. Co., 1 Ala. App. 399, 55 South. 929. And that the plaintiff was not entitled to recover.
¶3
The judgment of the law and equity court is therefore reversed, and a judgment will be here rendered in favor of the defendant.
