Henry v. Allen
Supreme Court of Alabama
Trover for Conversion of Horse and Buggy, with Count in Case for Fraud and Deceit. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Hannibal Allen against W. J. Henry, and was commenced on the 20th October, 1888. The opinion states the pleadings, and the material facts proved on the trial.
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Trover for Conversion of Horse and Buggy, with Count in Case for Fraud and Deceit. Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Hannibal Allen against W. J. Henry, and was commenced on the 20th October, 1888. The opinion states the pleadings, and the material facts proved on the trial. The defendant requested the following charges in writing, and duly excepted to their refusal: (1.) “If the juiy believe from the evidence that there is a reasonable prospect of making the money on the notes out of Barker, or any part thereof, then…
1Opinion of the CourtStone, C. J.
— Counts in trover and in case may be joined in one action. — Dixon v. Barclay, 22 Ala. 370; Wilkinson v. Mosely, 30 Ala. 562. The second count is in case. It was amended, and, as amended, was demurred to. The demurrers were overruled, and Ave think rightly. That count alleges every fact pecessary to the maintenance of the action, we think, AArith sufficient certainty. The facts alleged are, that Henry induced Allen to part with his horse, buggy and harness for the tivo notes on Barker, on false representations by him, Henry ; that when he, Allen, traded for the notes, he did not know whether…
2Cases cited12 opinions
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