Legal Opinion

Massey v. Fain

Alabama Court of Appeals

Decided June 30, 1911PublishedCited by 5 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe, Action by Arthur W. Massey against J. W. Fain in trover, for the conversion of a horse. Judgment for defendant and plaintiff appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe, Action by Arthur W. Massey against J. W. Fain in trover, for the conversion of a horse. Judgment for defendant and plaintiff appeals. Counsel insists that the court erred in excluding the value of the horse. —Bout-well v. Parker, 124 Ala. 341. There was no question as to the time of the conversion. — Wood v. Bose & Co., 135 Ala. 297. No express notice of plaintiff’s title was necessary. — Stein v. McGrath, 128 Ala. 175; Kirkland v. Trot, 75 Ala. 321; Wood v. Bose, supra. The maxim caveat emptor applies. — Milner & Kettig v.…

1Opinion of the Court

de GRAFFENRIED, J.

This was an action in trover, and the evidence for the plaintiff established, if *426believed, the conversion by the defendant of a horse for which the defendant paid $225 when the conversion occurred. The plaintiff offered no evidence of the value of the horse other than the fact that, when he demanded the animal of the defendant, the defendant refused to give up the horse, saying that the horse was worth that to him. Upon motion of the defendant, the court excluded all the evidence of the plaintiff, to which action of the court the plaintiff excepted. There was a judgment for…

2Cases cited5 opinions

  1. Drum & Ezekiel v. HarrisonSupreme Court of Alabama · 1887
  2. Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
  3. Linam v. ReevesSupreme Court of Alabama · 1880
  4. Louisville Jeans Clothing Co. v. LischkoffSupreme Court of Alabama · 1895
  5. Central of Georgia Railway Co. v. MainSupreme Court of Alabama · 1902

3Cited by5 opinions

  1. Howton v. MathiasSupreme Court of Alabama · 1916
  2. Phillips v. PippinAlabama Court of Appeals · 1912
  3. Stamps v. ThomasAlabama Court of Appeals · 1913
  4. Motor Sales Corporation v. WisdomSupreme Court of Alabama · 1923
  5. Napier v. MayAlabama Court of Appeals · 1925

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