SHAPIRO BROS. FACTORS CORP., APPELLANT,
v.
MAY'S MOVING & STORAGE, INC., A FLORIDA CORPORATION, AND MAY'S TRANSFER, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 1967-05-23
No. 66-633
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
199 So. 2d 139 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 1 case

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Synopsis

This case involves a warehouseman being sued for mis-delivery of goods. The appellate court affirmed the jury's verdict in favor of the defendant warehouseman, finding substantial evidence to support the decision.


Holding

Yes, there was substantial competent evidence to support the jury's verdict in favor of the defendant warehouseman.


Key Quotes

“where a warehouseman delivers goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than to the person lawfully entitled to the possession of the goods or his agent.”

This quote states the relevant statute governing warehouseman liability for mis-delivery.

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Facts & Procedural History

Shapiro Bros. Factors Corp. (plaintiff) sued May's Moving & Storage, Inc. (defendant) for mis-delivery of goods. The plaintiff argued that the defenda…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff, Shapiro Bros. Factors Corp., seeks reversal of a final judgment rendered upon a jury verdict in an action for mis-delivery.

Section 678.10, Fla.Stat., F.S.A. as it pertains to the case before us provides that where a warehouseman delivers goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than to the person lawfully entitled to the possession of the goods or his agent.

After hearing the evidence, the jury resolved the conflicts in favor of the defendant. Our examination of the record reveals substantial competent evidence which sustains the jury verdict and we therefore affirm. Midstate Hauling Company v. Fowler, Fla.1965, 176 So.2d 87; Booker v. Lima, Fla.App.1966, 182 So.2d 642.

Affirmed.


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  • Felts v. Evans, 219 So. 2d 721 (Fla. 1st DCA 1969)
    …gly affirmed. WIGGINTON, C. J., and CARROLL, DONALD K., and SPECTOR, JJ., concur. .4 Blashfield Encyclopedia of Automobile Law and Practice 305, Permanent Edition, § 2292. . § 320.59, Florida Statutes, F.S.A. . Pooton v. Berutich (Fla.App.1967), 199 So. 2d 139.…

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