Stephens v. . Koonce
Supreme Court of North Carolina
This was a civil action, tried before Philips, J., and a jury, at the Fall Term, 1887, of the Superior Court of Onslow County. The action was brought to recover damage for the unlawful conversion by the defendant of “a steam'engine, boiler .and fixtures; also a cotton-gin, condenser, cotton-press, with -fixtures,” &c., alleged to be the property of the plaintiff.
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This was a civil action, tried before Philips, J., and a jury, at the Fall Term, 1887, of the Superior Court of Onslow County. The action was brought to recover damage for the unlawful conversion by the defendant of “a steam'engine, boiler .and fixtures; also a cotton-gin, condenser, cotton-press, with -fixtures,” &c., alleged to be the property of the plaintiff. The declaration in the complaint is in the nature of trover .and conversion, and the demand is for money as damages. The defendant, in his answer, sets up a number of defences. He states, in detail, in his first defence, the manner…
1Opinion of the CourtAvery, J.
(after stating the case). The offer made by the defendant in the answer, is not sufficient to subject the plaintiff to liability for costs for refusal to accept it. The-plaintiff, in the exercise of an unquestionable right, elected to bring his action for damages for the conversion of certain property instead of an action in the nature of detinue, or in the nature of replevin, with the right to the ancillary remedy of claim and delivery. It is presumed that the plaintiff adopted the action for the recovery of damages, only with a view to some advantage, expected from pursuing his remedy to…
2Cases cited2 opinions
- Patapsco Guano Co. v. MageeSupreme Court of North Carolina · 1882
- McRae v. . MalloySupreme Court of North Carolina · 1882
3Cited by15 opinions
- Lance v. Butler.Supreme Court of North Carolina · 1904
- Wall v. Colvard, Inc.Supreme Court of North Carolina · 1966
- Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914
- Hoke v. . WhisnantSupreme Court of North Carolina · 1917
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1912
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