American Standard Life Ins. Co. v. Johnson

THOMAS, Justice.

The trial was had on common counts and conversion of certain notes given for premiums on insurance. The judgment was for plaintiff.

The insistence here is that the notes were not the subject of conversion; that there was error in the oral instruction to the jury and error to refuse the general affirmative instruction requested and refused to defendant.

The rule of giving and refusing general affirmative instruction is well understood. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135. In this case there were adverse inferences that may be drawn as to plaintiff’s interest in the…