Doyle v. . Bush
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at January Term, 1915, of PASQUOTANK. Plaintiff appeals. This is an action to recover $600 .for tbe wrongful conversion of a horse or for the wrongful conversion of the proceeds of the sale of the horse.
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Appeal by plaintiff from Justice, J., at January Term, 1915, of PASQUOTANK. Plaintiff appeals. This is an action to recover $600 .for tbe wrongful conversion of a horse or for the wrongful conversion of the proceeds of the sale of the horse. Evidence was introduced by plaintiff tending to show that plaintiff and defendant bought a race horse together; that as a part of their contract with each other the plaintiff paid $100 on the purchase price of the horse, and the balance of the purchase money, to wit, $300, was to be paid out of the earnings of the horse in racing.; that the horse was…
1Opinion of the CourtAlleN, J.
It was decided in Ledford v. Emerson, 143 N. C., 527, that an execution against the person cannot issue simply because of allegations in the complaint, and that the facts alleged entitling the plaintiff to such an execution must be passed upon and must enter into the judgment. It is therefore apparent that the issue tendered by the plaintiff is material, and that the refusal to submit it is a denial of a substantial right if the pleadings raised the issue, and an examination of the complaint discloses that a fraudulent and wrongful conversion of the horse referred to in the evidence and of…
2Cases cited10 opinions
- Trustees of the University of North Carolina v. State National BankSupreme Court of North Carolina · 1887
- Ripley v. DavisMichigan Supreme Court · 1866
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Newby v. HarrellSupreme Court of North Carolina · 1888
- Grove v. WiseMichigan Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nunn v. SmithSupreme Court of North Carolina · 1967
- Bullman v. EdneySupreme Court of North Carolina · 1950
- Barham v. . PerrySupreme Court of North Carolina · 1933
- Waller v. . BowlingSupreme Court of North Carolina · 1891
- Newby v. . HarrellSupreme Court of North Carolina · 1888
6 more not listed; retrieve them via the Exa API.