Sykes v. Wood
Supreme Court of Alabama
Appeal from Morgan County Court; W. T. Lowe, Judge. Detinue by W. J. Wood against Estella Sykes. Judgment for the plaintiff, and defendant appeals.
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Appeal from Morgan County Court; W. T. Lowe, Judge. Detinue by W. J. Wood against Estella Sykes. Judgment for the plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The court gave at the request of the appellant, the following charge: (3) If the jury believe from the evidence that, when Dr. Wood sent Miss Sykes the ring, they were not engaged, but that Dr. Wood was merely trying out his luck, then the verdict will be for the defendant. The court refused the following charges to the a.ppellant: (1) If the'jury believe from the evidence that…
1Opinion of the CourtMcCLELLAN, J.
Detinue, instituted by appellee against appellant, to recover a diamond ring or its value. The plaintiff prevailed, the value of the ring being fixed by the jury at $125.
[1] The controlling issue was whether appellee made an unconditional gift of the ring to appellant on Christmas Day, 1918, as appellant contended was the fact, or, according to appellee’s contention, whether the ring was sent to appellant by appellee as a “token” of their engagement to be married, and hence, if a gift at all, a gift upon condition which, failing, left appellee with the title to the ring and the right to its…
2Cases cited1 opinion
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1907
3Cited by6 opinions
- Cofflin v. StateCourt of Appeals of Maryland · 1962
- Barber v. StateCourt of Special Appeals of Maryland · 1974
- MacKey v. Hall Auto Co.Alabama Court of Appeals · 1937
- Courier-Journal & Louisville Times Co. v. CrosslandCourt of Appeals of Kentucky (pre-1976) · 1945
- Snead v. WellsAlabama Court of Appeals · 1952
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