Boutwell v. Parker & Co.
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. J. W. Foster. A. G-. Parker & Co. sued Boutwell & Son in trover for conversion of certain machinery claimed to be the property of the plaintiffs.
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Appeal from Pike Circuit Court. Tried before Hon. J. W. Foster. A. G-. Parker & Co. sued Boutwell & Son in trover for conversion of certain machinery claimed to be the property of the plaintiffs. The property was in the possession of a bailee of the plaintiffs when the defendants took it and carried it away, claiming the right so to do by virtue of a purchase by them at a void tax sale. contended that the defendants having a lien because of their purchase at a void tax sale, were not wrongful takers, and that a demand was necessary to sustain this action. Strauss v. Schwab, 104 Ala. 672.…
1Opinion of the CourtSharpe, J.
— In trover it is a general rule to which this case forms no exception, that when the property has a fixed value the measure of damages is that value at the time of the conversion, .with interest; but if the value has risen after the conversion the jury may at discretion take the higher value as it may be shown to exist at any time between the conversion and the trial. — Loeb & Bro. v. Flash Bros., 65 Ala. 526; Jenkins v. McConico, 26 Ala. 213; Burks v. Hubbard, 69 Ala. 379; Williams v. Crim, 27 Ala. 468; Liman v. Reeves, 68 Ala. 89. The reason for allowing the jury to assess damages…
2Cases cited10 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Burks v. HubbardSupreme Court of Alabama · 1881
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Jenkins v. McConicoSupreme Court of Alabama · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Karter v. FieldsSupreme Court of Alabama · 1900
- Woods v. RoseSupreme Court of Alabama · 1902
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
- McRae v. BandySupreme Court of Alabama · 1959
8 more not listed; retrieve them via the Exa API.