Witcher v. Brewer & Michael
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Lutheb R. Smith. This action was brought by W. F. Witcher, against R. M. Michael and W. Brewer, as partners under the firm name of Brewer & Michael, to recover damages for the loss of conversion of a horse. The complaint contained two counts: the first in case, for the loss of the horse by the defendants’ negligence ; and the second in trover.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Lutheb R. Smith. This action was brought by W. F. Witcher, against R. M. Michael and W. Brewer, as partners under the firm name of Brewer & Michael, to recover damages for the loss of conversion of a horse. The complaint contained two counts: the first in case, for the loss of the horse by the defendants’ negligence ; and the second in trover. The evidence adduced on the trial is set out in the bill of exceptions as follows: — “ The plaintiff proved that the horse described in the complaint was his property.* Quincy Martin was…
1Opinion of the Court
PECK, O. J.
— It is insisted by appellee’s counsel, that the evidence shows that the horse, for the loss or conversion of which this suit was brought, was borrowed by the defendant Michael on his own account as an individual, and that none of the evidence connected the defendant Brewer with the' transaction; and as the complaint charges the defendants with a joint liability as partners, there could be no recovery, on the evidence, on said complaint; and therefore, if. the court erred against the plaintiff in the charge given, or in refusing to give the charge asked, it was for this reason…
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