Weakley ex rel. Ussery v. Pearce
Tennessee Supreme Court
EKOM FAYETTE. Appeal from Circuit Court at Somerville. T. J. Flipptn, J. wbo insisted: “If one commit tort on the goods of another, by which he derives pecuniary benefit, or if he wrongfully take the goods and sells them or otherwise applies them to his own use, the other may waive tort and charge him in assumpsit on the common counts for goods, wares, etc., sold, money loaned or received, which he will not be permitted to gainsay:” 2 Greenl.
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EKOM FAYETTE. Appeal from Circuit Court at Somerville. T. J. Flipptn, J. wbo insisted: “If one commit tort on the goods of another, by which he derives pecuniary benefit, or if he wrongfully take the goods and sells them or otherwise applies them to his own use, the other may waive tort and charge him in assumpsit on the common counts for goods, wares, etc., sold, money loaned or received, which he will not be permitted to gainsay:” 2 Greenl. Ev., s. 108; Code, s. 2748. “ Goods tortiously taken and converted, but not sold, may be recovered in the same form o'f action. The injured party may…
1Opinion of the CourtNelson, J.
This suit was brought in the Circuit Court of Hardeman county, on the 17th October, 1866. As the Code declares that “all contracts may be sued on *412in the same form of action,” and that “ all wrongs may be redressed by an action on the facts of the case,” the style of the ancient forms of action is, in most cases, inapplicable, except where the old forms are adopted under the act of 1859, c. 33, p. 27. It may be termed in the language of the Code a civil action, and from the causes of action, or counts in the declaration, may be assimilated to the action of assumpsit. The plaintiffs claim…
2Cited by3 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Battier v. StateTennessee Supreme Court · 1904
- Southern Building & Loan Ass'n v. CareyU.S. Circuit Court for the District of Western Tennessee · 1902