Harmon v. Dothan Nat. Bank
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Trover and assumpsit by Rush Harmon against the Dotban National Bank. Judgment for defendant, and plaintiff appeals. The original complaint was in trover for the conversion of certain personal property alleged to belong to plaintiff, and claiming the sum of $2,000 as damages. A count was added by way of amendment for that sum had and received by defendant for use of plaintiff.
Read the full summary
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Trover and assumpsit by Rush Harmon against the Dotban National Bank. Judgment for defendant, and plaintiff appeals. The original complaint was in trover for the conversion of certain personal property alleged to belong to plaintiff, and claiming the sum of $2,000 as damages. A count was added by way of amendment for that sum had and received by defendant for use of plaintiff. The evidence showed, without dispute, that plaintiff executed to defendant a mortgage on February 1, 1909, by which he granted, bargained, sold, and…
1Opinion of the Court
SOMERVILLE, J. —
Plaintiff mortgagor seeks to recover damages from defendant mortgagee under his trover count on the theory that an unfair foreslosure sale of the mortgaged chattels is void or voidable at the suit of the mortgagor, and that such a sale is an unlawful conversion of the property. Under his count in general assumpsit for money had and received, he seeks to recover from defendant mortgagee the difference between what the chattels actually sold for and their reasonable value.
Under the theory of mortgages prevailing in this state, nothing can be clearer than the proposition that…
2Cases cited27 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Harris v. MillerSupreme Court of Alabama · 1881
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Wood v. LakeSupreme Court of Alabama · 1878
22 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Automotive Acceptance Corporation v. PowellCourt of Civil Appeals of Alabama · 1970
32 more not listed; retrieve them via the Exa API.