Gentry v. Madden
Supreme Court of Arkansas
Error to Pulaski Circuit Court. This was an action of trover commenced by James, Thomas and Phillip Madden, against Tarlton Massengill and the plaintiff in error, for converting four lots or blocks of pine plank, containing sixteen thousand feet, of the value of four hundred dollars. The writ was served on both defendants. At November term, 1838, Gentry filed his plea of not guilty, and the case was continued.
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Error to Pulaski Circuit Court. This was an action of trover commenced by James, Thomas and Phillip Madden, against Tarlton Massengill and the plaintiff in error, for converting four lots or blocks of pine plank, containing sixteen thousand feet, of the value of four hundred dollars. The writ was served on both defendants. At November term, 1838, Gentry filed his plea of not guilty, and the case was continued. At September term, 1839, the plaintiffs joined issue to Gentry’s plea, and a trial was had by jury, and a verdict for Gentry. A new trial was granted, and at March terra, 1840, the case…
1Opinion of the CourtDickinson, Judge
One of the points in this case is whether there was sufficient evidence of a conversion to justify the verdict. The principle is well settled, that although the taking might have been lawful, yet if the defendant took upon himself the right and assumed the control of the property, whether it came to his possession by finding or otherwise, it is sufficient evidence of conversion, without a previous demand and refusal. Buller's N. P. 44. The declarations and acts of the defendant below united, form an assumption of control over the plaintiff’s property. The taking possession and assuming to…
2Cited by4 opinions
- Big a Warehouse Distributors, Inc. v. Rye Auto Supply, Inc.Court of Appeals of Arkansas · 1986
- Crosson v. Lion Oil Refining CompanySupreme Court of Arkansas · 1925
- Mississippi Ouachita & Red River R. R. v. GasterSupreme Court of Arkansas · 1859
- Town of West University Place v. AndersonCourt of Appeals of Texas · 1933