Hopper v. . Miller
Supreme Court of North Carolina
Praetice — Claim and Delivery — Action iy Bailee. Civil ActioN, tried at Fall Term, 1876, of Cleavelakd Superior Court, before Schenck, J. The action was brought to recover possession of a mule or-the price thereof.
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Praetice — Claim and Delivery — Action iy Bailee. Civil ActioN, tried at Fall Term, 1876, of Cleavelakd Superior Court, before Schenck, J. The action was brought to recover possession of a mule or-the price thereof. The plaintiff testified in his own behalf that he lived in South Carolina and in August, 1875, loaned his father the mule to drive to Shelby in said County ; that, the mule was worth $110 and that he had demanded possession of the same before the commencement of this action. lie further testified on cross-examination, that he got the-, mule of one Brown who was his landlord in the…
1Opinion of the Court
PuaRSON, O. J.
On the argument, the counsel of defendants, relied upon Barwick v. Barwick, 11 Ire. 80, to sustain the ruling in the Court below.
That case has no bearing upon our case. There the' plaintiff was lorongfully in possession, and the defendant wrongfully converted it. the owner being known ; and it is held that the plaintiff could not recover the value of the property, for if the defendant satisfied the judgment, that would not give him a good title, and he would still be exposed to the action of the owner and be forced to pay for the property a second time. The case is distinguished…
2Cases cited1 opinion
- Jarman v. . WardSupreme Court of North Carolina · 1872
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