Carraway v. . Burbank
Supreme Court of North Carolina
From Washington. Trover for a horse, and on the trial, before Martin Judge, the facts were, that the horse had belonged to the Plaintiff, who sold him to one Coakley, upon condition, that if the money was not paid by a specified time, that the title should return to the Plaintiff. Before the day of payment, Coakley died, and administration upon' his estate was committed to the Defendant, who set up the horse at public vendue and bought it himself.
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From Washington. Trover for a horse, and on the trial, before Martin Judge, the facts were, that the horse had belonged to the Plaintiff, who sold him to one Coakley, upon condition, that if the money was not paid by a specified time, that the title should return to the Plaintiff. Before the day of payment, Coakley died, and administration upon' his estate was committed to the Defendant, who set up the horse at public vendue and bought it himself. There was some contradiction .in the testimony as to the character of the sale to Coakley, upon which it is not material to remark. His Honor…
1Opinion of the Court
Conversion is an act of ownership, exercised over the personal chattel of another, inconsistent with the owner's right. It must be an act; bare words will not do. Words, however, may qualify an act, and show its character. A refusal to deliver upon demand is not the conversion; but it is the possession afterwards which is qualified by the refusal, and shown to be adverse after the right to possess is put at an end by the demand of the owner. Putting up this horse for sale as the property of his intestate by the defendant, although he bid him in himself, is an unequivocal act showing the…
2Cited by3 opinions
- Meekins v. . SimpsonSupreme Court of North Carolina · 1918
- Porter v. . AlexanderSupreme Court of North Carolina · 1928
- Smith v. Durham.Supreme Court of North Carolina · 1900