Craven v. . Russell
Supreme Court of North Carolina
Civil aotiok, tried before Greene, N., and a jury, at January Term, 1896, of Moore Superior Court. From a judgment for the defendant the plaintiff appealed. The facts are sufficiently set out in the opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
This action was originally commenced for the recovery of certain personal property which the plaintiff alleged the defendant unlawfully withheld from him. In the course of the trial it was developed that the defendant was not in the possession of the property when the action was commenced, he having, after demand upon him and before the action was brought, sold the same and converted the proceeds to his own use. Upon this condition of things the court allowed the plaintiff’s motion to amend his complaint so as to charge a conversion of the property by the defendant. The…
2Cases cited5 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1883
- Carpenter v. . HuffstellerSupreme Court of North Carolina · 1882
3Cited by7 opinions
- Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904
- Ober v. StephensWest Virginia Supreme Court · 1903
- Carolina Hardware Co. v. Raleigh Banking & Trust Co.Supreme Court of North Carolina · 1915
- McEntyre v. Levi Cotton MillsSupreme Court of North Carolina · 1903
- Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1914
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