Henderson v. Foy
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Caemiohael. Charles Henderson and W. I). Henderson, suing as partners doing business under the firm name of Henderson Bros. & Co., brought this action against J. E. Foy to recover damages for the alleged conversion of seven bales of cotton. The defendant pleaded the general issue.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Caemiohael. Charles Henderson and W. I). Henderson, suing as partners doing business under the firm name of Henderson Bros. & Co., brought this action against J. E. Foy to recover damages for the alleged conversion of seven bales of cotton. The defendant pleaded the general issue. On the trial, the plaintiffs introduced in evidence a mortgage executed to them by one G. W. Conner on January 16, 1890, and which was recorded on the following day in the office of the probate judge of Pike county. This mortgage covered the…
1Opinion of the CourtStone, C. J.
The only assignment of error in this case is founded upon the court’s giving the charge requested by the defendant. The action is trover, and seeks to recover damages for the wrongful conversion of seven bales of cotton.
The gist of the action of trover is conversion, which, in its ordinary acceptance, means the wrongful taking or the wrongful detention of personal property. The conversion, which is the basis of this action, does not necessarily mean that the defendant should have exclusive control or actual manucaption of the property. — Freeman v. Scurlock, 27 Ala. 407. Under our decisions,…
2Cases cited3 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Freeman v. ScurlockSupreme Court of Alabama · 1855
- Thweat v. StampsSupreme Court of Alabama · 1880
3Cited by7 opinions
- Oats v. Dublin National BankTexas Supreme Court · 1936
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Worth Finance Co. v. Charlie Hillard Motor Co.Court of Appeals of Texas · 1939
- Fields v. CopelandSupreme Court of Alabama · 1898
- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
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