Burnett v. . Fulton
Supreme Court of North Carolina
Action of trover, tried before his Honor, Judge Ellis, at the Special Term, (June, 1856,) of Henderson Superior Court. Plaintiff declared for the conversion of a wagon. One Cook had formerly owned it; he loaned it to Eulton, the defendant, who was to use it and return it in as good plight as it was in when he received it. Cook sold the wagon to plaintiff, who demanded it of the defendant, showing him authorito from Cook to demand and receive it.
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Action of trover, tried before his Honor, Judge Ellis, at the Special Term, (June, 1856,) of Henderson Superior Court. Plaintiff declared for the conversion of a wagon. One Cook had formerly owned it; he loaned it to Eulton, the defendant, who was to use it and return it in as good plight as it was in when he received it. Cook sold the wagon to plaintiff, who demanded it of the defendant, showing him authorito from Cook to demand and receive it. The defendant refused to deliver it, upon the ground, that he had a mortgage on it for the payment of a debt which Cook owed one Jones, and in which…
1Opinion of the CourtNash, C. J.
It is a well-established principle that a bailee cannot, while the bailment still subsists, deny the title of his bailor or of any one claiming under him. This principle was, however, improperly applied in this case. The defendant did not deny the right of Cook, his bailor, but in fact affirmed it. When applied to by the plaintiff for the wagon to whom Cook had sold it, he refused to deliver it to him, because Cook, before he sold it to the plaintiff, had mortgaged it to one Da venport to secure a debt which he owed one Jones, and for the payment of which, we presume, he, the defendant, was…
2Cited by1 opinion
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