Curry v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before Hon. M. J. Saepold. Wilson, the appellee, brought this action against J. A. Curry, the appellant, to recover damages for the conversion of twenty-seven bales of cotton. The first count, which was in the form given in the Be-vised Code “for conversion of chattels,” claimed damages for the conversion of twenty-seven bales of cotton.
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Appeal from the Circuit Court of Dallas. Tried before Hon. M. J. Saepold. Wilson, the appellee, brought this action against J. A. Curry, the appellant, to recover damages for the conversion of twenty-seven bales of cotton. The first count, which was in the form given in the Be-vised Code “for conversion of chattels,” claimed damages for the conversion of twenty-seven bales of cotton. The second count alleged, in substance, that • in the year 1864 appellant sold B. F. Curry two hundred bales of cotton, and bound himself to deliver one hundred and seventy-five bales of it to B. F. Curry’s…
1Opinion of the CourtB. F. Saffold, J.
The judgment by nil dicit rendered against the defendant, who is the appellant, ascertained that he had converted to his own use, some cotton which was the property of the plaintiff.
In executing the writ of inquiry at the subsequent term, the only questions involved pertained to the damages to be recovered by the plaintiff. The evidence offered by the defendant, and excluded, tending to show the destruction of the cotton under circumstances which would relieve him from any liability, was matter of defense, subversive of the judgment. — Ewing v. Peck & Clark, 17 Ala. 339.
The measure of damages…
2Cases cited3 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- Williams v. CrumSupreme Court of Alabama · 1855
- Ewing v. PeckSupreme Court of Alabama · 1850
3Cited by7 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Sparks v. J. S. Reeves & Co.Supreme Court of Alabama · 1910
- Sharpe & Son v. BarneySupreme Court of Alabama · 1896
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