J. G. Smith Sons v. Howell

5 Citing cases

  1. W. Cleve Stokes Co. v. Rushton

    191 So. 614 (Ala. 1939)   Cited 3 times

    The measure of damages in trover is the value of the converted property at the time of the conversion. Evidence of value at a prior time is inadmissible. Zimmern v. Southern R. Co., supra; Granade v. United States L. C. Co., supra; J. G. Smith Sons v. Howell, 21 Ala. App. 549, 110 So. 57; 27 So. Dig., Trover, 46. There being no evidence of value at such time, plaintiff could recover no more than nominal damages.

  2. Brock v. Culpepper

    116 So. 126 (Ala. 1928)   Cited 3 times

    W. B. Smith Sons v. Gay, 21 Ala. App. 130, 106 So. 214. Purchaser of mortgaged cotton, in action of trover by mortgagee, is entitled to affirmative charge on mortgagee's failure to show conversion was after law day of mortgage. J. G. Smith Sons v. Howell, 21 Ala. App. 549, 110 So. 57. A mere purchase by one of property on which another holds a chattel mortgage lien is not of itself wrongful, as destructive of the other's lien, so as to sustain an action on the case therefor. Windham Co. v. Stephenson, et al., 156 Ala. 341, 47 So. 280, 19 L.R.A. (N.S.) 910, 130 Am. St. Rep. 102.

  3. Arnold v. Sutherlin

    114 So. 140 (Ala. 1927)   Cited 7 times

    Defendant purchaser of mortgaged cotton, in action of trover by mortgagee, is entitled to judgment where conversion was before law day of the mortgage. Smith Sons v. Howell, 21 Ala. App. 549, 110 So. 57; Johnson v. Wilson, 137 Ala. 468, 34 So. 392, 97 Am. St. Rep. 52. Plaintiff mortgagee, in action of trover against purchaser of mortgaged cotton from the mortgagor, is bound by the finding of the jury and judgment thereon in prior detinue suit between plaintiff and the mortgagor, wherein balance due on mortgage is ascertained. Moore-Handley Hdw. Co. v. Curry, 106 Ala. 284, 18 So. 46; Jones v. White, 189 Ala. 622, 66 So. 605.

  4. Progressive Finance Company v. Milner

    45 Ala. App. 684 (Ala. Civ. App. 1970)   Cited 6 times

    The measure of compensatory damages in conversion is the value at the time of conversion, with interest. Smith Sons v. Howell, 21 Ala. App. 549, 110 So. 57. Since the acts complained of were not accompanied by rudeness, wantonness, recklessness or in an insulting manner, nor were accompanied by circumstances of fraud or malice, oppression, aggravation or gross negligence the jury was not warranted in assessing punitive damages.

  5. Gatlin v. King

    118 So. 678 (Ala. Crim. App. 1928)   Cited 5 times

    In order to recover in trover, plaintiff must show legal title, either general or special, or right to immediate possession. First Nat. Bank v. Burnett, 213 Ala. 89, 104 So. 17; St. L. S. F. v. Georgia, supra; May v. Draper, 214 Ala. 324, 107 So. 862. The mortgage debt not being due at the time of defendant's purchase, there was no conversion, and there could be no recovery. J. G. Smith Sons v. Howell, 21 Ala. App. 549, 110 So. 57. The landlord has a lien on the crop. Code 1923, ยงยง 8799, 8807. Evidence as to the agreement by the heirs of the mortgagor with the landlord should have been admitted.