Abbott v. Forest Hill State Bank

ALPERT, Judge.

On this appeal we are called upon to decide whether the trial court erred in sustaining, without leave to amend, a demurrer to appellants’ Third Amended Declaration. Although parts of that Declaration are clearly defective (in that appellants sought compensatory damages for emotional distress allegedly arising out of the repossession of their automobile), we shall reverse because enough remains to present sufficient grounds for relief against an alleged unlawful conversion.

Appellants claimed, inter alia, that “the Bank” converted to its own use and wrongfully deprived them of…