Oates, Williams & Co. v. Kendall
Supreme Court of North Carolina
Civil action tried before Henry, J., at Special Term of Mecklenburg Superior Court. The complaint alleged that plaintiffs were lawfully possessed of eighteen bales of cotton, and that on or about the — day of ---, 1866, the defendant unlawfully converted it to his own use. to their damage twenty-five hundred dollars. Defendant in his answer denied all the allegations in the complaint.
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Civil action tried before Henry, J., at Special Term of Mecklenburg Superior Court. The complaint alleged that plaintiffs were lawfully possessed of eighteen bales of cotton, and that on or about the — day of ---, 1866, the defendant unlawfully converted it to his own use. to their damage twenty-five hundred dollars. Defendant in his answer denied all the allegations in the complaint. It was in evidence; that in 1862, defendant sold to Parker and Hancock eighteen bales of cotton, which was paid for and delivered. The cotton was to remain in defendant’s possession but he was not to be…
1Opinion of the CourtBoydbn, J.
In this case it is contended1, that the plaintiff cannot recover, for the reason that although this is a civil action, it is in the nature of an action- ei trover, and that at the time of the alleged conversion, the plaintiff was not the owner of' the cotton alleged to have been converted. It is true, that to sustain an action of trover, according to the principles of the. common law, the plaint iff must, as a general rule, he the owner of the property at the time ot the alleged conversion, so that if this had been- an action of trover-, under our former system of pleading; the plaintiff…
2Cases cited1 opinion
- Bullard v. . JohnsonSupreme Court of North Carolina · 1871
3Cited by9 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Jones v. . MialSupreme Court of North Carolina · 1880
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Brem v. . AllisonSupreme Court of North Carolina · 1873
- Martin Flying Service v. MartinSupreme Court of North Carolina · 1950
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