Lowremore v. Berry
Supreme Court of Alabama
Error to the Circuit Court of Fayette. Tried before tlio Hon. Samuel Chapman. This was an action of trover brought by the plaintiff against the defendant, to recover the value of a promissory note. On the trial it was proved that, the note was made by E. A. Montgomery, payable to John Newton or,order.
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Error to the Circuit Court of Fayette. Tried before tlio Hon. Samuel Chapman. This was an action of trover brought by the plaintiff against the defendant, to recover the value of a promissory note. On the trial it was proved that, the note was made by E. A. Montgomery, payable to John Newton or,order. It also appeared that this note was delivered to one, ivho was examined as a witness, to be collected, and the money to be applied to the payment of a judgment in favor of the witness against the plaintiff. The witness failed to collect the money, and having an execution against the plaintiff,…
1Opinion of the CourtDargan, C. J.
It is adrhitted by, the counsel for the de- _ fendant, that the note was not subject to Jpvy and, sale, and that,, the defendant obtained no title to it by his purchase. But it is. contended, that as the note was not endorsed by. the payee, the legal title is still in him; consequently that the plaintiff cannot *131recover, because be failed to show any legal title to the note. If the action had been founded on the note, this objection would have been fatal to the plaintiff’s right to recover. But it is not.. The gist of the action is the wrongful conversion, and we think' the principle is well…
2Cited by25 opinions
- Adams v. Queen Insurance Company of AmericaSupreme Court of Alabama · 1956
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Jones v. Charles P. Kellogg & Co.Supreme Court of Kansas · 1893
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