Spence v. Mitchell
Supreme Court of Alabama
Error to the Comity Court of Talladega. This was an action of Trover, at the suit of the defendant in error, against' the plaintiff, to recover damages for the conversion of a wagon. The cause was tried upon the plea of not guilty, with leave to give special matter in evidence.. On the trial, a bill of exceptions was sealed at the instance of the defendant.
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Error to the Comity Court of Talladega. This was an action of Trover, at the suit of the defendant in error, against' the plaintiff, to recover damages for the conversion of a wagon. The cause was tried upon the plea of not guilty, with leave to give special matter in evidence.. On the trial, a bill of exceptions was sealed at the instance of the defendant. To make out his case, the plaintiff read to the jury a writing of the following tenor, viz : “ Received of Francis Mitchell a certain wagon as a loan, known as belonging to the firm of James W. Hill, E. G, Buchanan, and J. D. Copeland;…
1Opinion of the CourtCollier, C. J.
The defendant stipulated in his receipt to the plaintiff, to return the wagon “ whenever called for, in good repair, and free from expense.” This undertaking imposed upon him the duty to deliver it up on demand, or excuse the non delivery. If he suffered a third person to take it from his possession, or if he acquiesced in such removal, he would in either case be chargeable as for a conversion; unless he could show that the person thus taking it, had the superior title. There is no inflexible rule of law which would prevent him from excusing the non performance of his engagement by making…
2Cases cited4 opinions
- Gibson v. GoldthwaiteSupreme Court of Alabama · 1845
- Cullum v. SmithSupreme Court of Alabama · 1844
- Carter v. ManningsSupreme Court of Alabama · 1845
- Lowrie v. StewartSupreme Court of Alabama · 1845
3Cited by17 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Wall v. WilliamsSupreme Court of Alabama · 1847
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Bullard v. LambertSupreme Court of Alabama · 1866
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