Carraway v. . Burbank
Supreme Court of North Carolina
From Washington. Trover for a horse, and on the trial, before Martin Judge, the facts were, that the horse had belonged to the Plaintiff, who sold him to one Coakley, upon condition, that if the money was not paid by a specified time, that the title should return to the Plaintiff. Before the day of payment, Coakley died, and administration upon' his estate was committed to the Defendant, who set up the horse at public vendue and bought it himself.
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From Washington. Trover for a horse, and on the trial, before Martin Judge, the facts were, that the horse had belonged to the Plaintiff, who sold him to one Coakley, upon condition, that if the money was not paid by a specified time, that the title should return to the Plaintiff. Before the day of payment, Coakley died, and administration upon' his estate was committed to the Defendant, who set up the horse at public vendue and bought it himself. There was some contradiction .in the testimony as to the character of the sale to Coakley, upon which it is not material to remark. His Honor…
1Opinion
It is not necessary to prove a demand and refusal, where the plaintiff can show an actual conversion. If a person purchase another's goods, from one having no right to sell them, and takes them into possession, it is assuming upon himself the property and right of disposing of another's goods, and amounts to a conversion. The defendant's possession and claim were adverse to the plaintiff's right; and the possessing himself of the horse under such circumstances constitutes the cause of action. There should be a new trial.
PER CURIAM. Judgment reversed, and a new trial granted.
Approved: Rhea v.…
2Cases cited4 opinions
- Trustees of the University of North Carolina v. State National BankSupreme Court of North Carolina · 1887
- Smith v. Young Bros.Supreme Court of North Carolina · 1891
- Smith v. Durham.Supreme Court of North Carolina · 1900
- Rhea v. . DeaverSupreme Court of North Carolina · 1881