Hunnicutt v. Higginbotham
Supreme Court of Alabama
Appeal from the Comity Court of Cleburne. Tried before the Hon. T. J. Burton. Tbis was an action of trover brought by the appellee, B. Higginbotham against- the appellant, J. W. Hunnicutt, to recover damages for the alleged conversion by the defendant of |2S2, alleged to be the property of the plaintiff. The facts of the case are sufficiently stated in the opinion.
Read the full summary
Appeal from the Comity Court of Cleburne. Tried before the Hon. T. J. Burton. Tbis was an action of trover brought by the appellee, B. Higginbotham against- the appellant, J. W. Hunnicutt, to recover damages for the alleged conversion by the defendant of |2S2, alleged to be the property of the plaintiff. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment for the plaintiff for principal, and interest thereon.' From this judgment the defendant…
1Opinion of the CourtHaralson, J.
The suit is for the conversion by ’ defendant of $282, alleged to be the property of the *475plaintiff. It seems to be well settled, that trover lies for the conversion of money, where there is an obligation on the part of defendant to return specific coin or notes entrusted to him. — Moody v. Keener, 1 Porter, 210, 231; 26 Am. & Eng. Ency. Law, (1st ed.), 766. “It may be stated as a general rule, that although an obligation to pay money is ordinarily enforceable by assunrpsit or debt, yet trover lies for the conversion of ‘ear marked’ money or specific money capable of identification, c. y..…
2Cases cited9 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Burdine v. RoperSupreme Court of Alabama · 1845
- Daily's Adm'r v. DailySupreme Court of Alabama · 1880
- Alabama State Bank v. GlassSupreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Waddell & Reed, Inc. v. UNITED INVEST. LIFE INS. CO.Supreme Court of Alabama · 2003
- Carl M. Limbaugh v. Merrill Lynch, Pierce, Fenner & Smith, Inc., a CorporationCourt of Appeals for the Eleventh Circuit · 1984
- Greene County Bd. of Educ. v. BaileySupreme Court of Alabama · 1991
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Lewis v. FowlerSupreme Court of Alabama · 1985
28 more not listed; retrieve them via the Exa API.