Abbott v. May
Supreme Court of Alabama
Appeal from^tbe City Court of Montgomery. Tried before the Hon. John D. Cunningham. The acceptance of tfiedefendant’s note from Porter, with a full knowledge of all the circumstances connected with the transaction, and the plaintiff’s subsequent attempt to collect the note, amounted to a ratification of Porter’s unauthorized act; and the plaintiff cannot afterwards maintain an action for the conversion of the wagon by the defendant.
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Appeal from^tbe City Court of Montgomery. Tried before the Hon. John D. Cunningham. The acceptance of tfiedefendant’s note from Porter, with a full knowledge of all the circumstances connected with the transaction, and the plaintiff’s subsequent attempt to collect the note, amounted to a ratification of Porter’s unauthorized act; and the plaintiff cannot afterwards maintain an action for the conversion of the wagon by the defendant. McGowen v. Gfarrard Morgan, 2 Stewart, 479 ; Alder son v. Harris Merrill, 12 Ala. 580. The sale of the wagon by the defendant was a tort, because Porter had no…
1Opinion of the CourtB. F. Saffold, J.
The suit, being trover by the appellee against the’appellant, for the conversion of a wagon, was determined in favor of the plaintiff, on the question of his ratification of a contract made by one who assumed to act as his guardian. Porter, professing to be the guardian of the plaintiff, delivered the wagon to the defendant, to be sold. The defendant sold it, and received the purchase-money; but, not being prepared to pay when called on for a settlement, he gave a promissory note for the amount, payable to Porter as such guardian. The plaintiff, afterwards, being informed of the whole matter,…
2Cases cited1 opinion
- Cushman v. LokerMassachusetts Supreme Judicial Court · 1806
3Cited by1 opinion
- Tribune Co. v. BradshawAppellate Court of Illinois · 1886