Marlowe v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. PI. Sprott. This was an action by the appellee, Rogers, against Marlowe, the appellant, for the recovery of $50, as damages for the conversion by him, on the 10th of November, 1892, of 100 bushels of corn, and 2,000 pounds of seed cotton, the property of the plaintiff.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. PI. Sprott. This was an action by the appellee, Rogers, against Marlowe, the appellant, for the recovery of $50, as damages for the conversion by him, on the 10th of November, 1892, of 100 bushels of corn, and 2,000 pounds of seed cotton, the property of the plaintiff. The defendant pleaded, besides the general issue, two special pleas, the first of which was a plea of set-off, setting up, that at the time of the commencement of the action, the plaintiff was indebted to him in the sum of $100, for merchandise, goods and…
1Opinion of the Court
IíARALSON, J.
Trover is an action for a tort, and a set-off is not available in its defense. — Russell v. Russell, 62 Ala. 48; Whitworth v. Thomas, 83 Ala. 308; Donohue v. Henry, 4 E. D. Smith (N. Y.) 162; McLean v. Hugarin, 13 John. 184; Keaggy v. Hite, 12 Ill. 99; Fishwick v Sewell, 4 Har. & J. (Md.) 409; Arthur v. Sylvester, 105 Penn. 233; 22 Amer. & Eng. Encyc. of Law, 239-240. The demurrer to special plea No. 1 was, therefore, properly sustained.
*515The other special plea No. 2, has many of the elements of a plea in bar, and concludes as a plea of set-off or recoupment . If treated as one of…
2Cases cited6 opinions
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Whitworth v. ThomasSupreme Court of Alabama · 1887
- M'Lean v. HugarinNew York Supreme Court · 1816
- Keaggy v. HiteIllinois Supreme Court · 1850
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3Cited by11 opinions
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- Tatum v. YahnSupreme Court of Alabama · 1900
- Wadsworth v. First National BankSupreme Court of Alabama · 1899
- Burns v. ReevesSupreme Court of Alabama · 1899
- Lufkin v. DavesSupreme Court of Alabama · 1930
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