Knight's Administrators v. Vardeman
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. ROBERT Dougherty. Assumpsit by Rachel Yardeman against Henry D. Knight’s administrators for money had and received by defendants’ intestate for the use of the plaintiff. Pica, “ the general issue, with leave to give in any special matter.”
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. ROBERT Dougherty. Assumpsit by Rachel Yardeman against Henry D. Knight’s administrators for money had and received by defendants’ intestate for the use of the plaintiff. Pica, “ the general issue, with leave to give in any special matter.” On the trial, the plaintiff offered one Greenlee Holley as a witness, who testified, that he was his mother’s surety on certain notes, payable to plaintiff, which had been given for the purchase money of a tract of land; that these notes fell due in January, 1850, and during that month he…
1Opinion of the Court
LIGON, J. —
W e do not think the evidence in respect to the conversion by Knight of the money collected of Holley for the appellee, is of that clear and conclusive character which would justify the court in taking it for granted that the fact of conversion was proved. It is true, the jury might infer from the facts proved, that Knight used the money in paying *264tbe expenses of Ms trip to California ; bnt this would be an. inference of one fact from the existence of another, and such an inference can only be drawn by the jury. If the court assumes to draw it, it invades their province and commits…
2Cases cited2 opinions
- Bradford v. MarburySupreme Court of Alabama · 1847
- Williams v. CannonSupreme Court of Alabama · 1846
3Cited by5 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Pinson v. StateSupreme Court of Florida · 1891
- Morris v. HallSupreme Court of Alabama · 1868
- Bliss v. AndersonSupreme Court of Alabama · 1858
- Bank of Tupelo v. HallSupreme Court of Alabama · 1912