Simmons v. . Sikes
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Tyrrell county, at Spring Term, 1841, his Honor Judge Battle presiding. It was an action of Trover for a canoe, in which it was proved for the plaintiff, that the defendant borrowed the canoe from him, and some time afterwards came to him and apologised for not having' returned it, as he ought to have done, when the plaintiff said it made no difference as he had not needed it.
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This was an appeal from the judgment of the Superior Court of Law of Tyrrell county, at Spring Term, 1841, his Honor Judge Battle presiding. It was an action of Trover for a canoe, in which it was proved for the plaintiff, that the defendant borrowed the canoe from him, and some time afterwards came to him and apologised for not having' returned it, as he ought to have done, when the plaintiff said it made no difference as he had not needed it. The plaintiff then called a witness, who proved that the defendant brought the canoe to his, the witness’ dock, which was a safe place for it, and…
1Opinion of the CourtDaniel, J.
This action is Trover. If there be a deprivation of property to the plaintiff, it will constitute a conversion, though there be no acquisition of property to the defendant. Keyworth v Hill, 3 B. & A. 687. If the property had been lost by the bailee, or stolen from him, or had been destroyed by accident or from negligence, this action could not have been sustained, but case would have been the proper remedy. 2 Saund. Rep. 47. Packard v Getman, 4 Wend. R. 613. Ross v. Johnston, 5 Bur. Rep. 2285. To sustain this action of Trover, the defendant must have been proven to have been an actor and to…
2Cited by4 opinions
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