Oliver v. McClellan
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Bobert Dougherty. The case made by the record is this: McClellan lent a horse to one Hall, who exchanged it with Oliver, without the consent of McClellan, but on a stipulation that the exchange was not to be final until it was ratified by McClellan. In a few days after the exchange took place, McClellan refused to ratify it, and insisted on having his own horse restored to him.
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Error to the Circuit Court of Talladega. Tried before the Hon. Bobert Dougherty. The case made by the record is this: McClellan lent a horse to one Hall, who exchanged it with Oliver, without the consent of McClellan, but on a stipulation that the exchange was not to be final until it was ratified by McClellan. In a few days after the exchange took place, McClellan refused to ratify it, and insisted on having his own horse restored to him. Hall went to Oliver, told him of McClellan’s dissatisfaction, and demanded the horse of him, offering him first ten and then fifteen dollars to induce him…
1Opinion of the CourtLigon, J.
The first question naturally arising on the record, relates to the competency of Hall as a witness for the plaintiff in the court below.
It is contended, that he is interested in procuring a verdict against the plaintiff; because, if the plaintiff recover against Oliver, and that recovery is satisfied, he will exempt himself from a recovery at the suit of the plaintiff for his own con*678version of the horse, in trading him to Oliver; for the plaintiff can have but one satisfaction for the property converted. "Were this the whole extent of his liability, the objection would be good. But the…
2Cases cited3 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- Stewart v. StockerSupreme Court of Pennsylvania · 1832
- Wright v. NicholsCourt of Appeals of Kentucky · 1808
3Cited by4 opinions
- Ferguson v. BoboMississippi Supreme Court · 1876
- Rogers v. WhittleAlabama Court of Appeals · 1917
- Hooper Motor Co. v. HarrisSupreme Court of Alabama · 1933
- Pritchett v. FifeAlabama Court of Appeals · 1913