4 S.C.L. 94
Supreme Court of South Carolina
Decided November 15, 1806
Supreme Court of South Carolina · decided 1806-11-15
Trover. Tried before Grimke, J., in Abbeville District. The action was brought to recover damage^ for converting a certain, bond conditioned to convey land given to one Winn to Drake. It appeared in evidence, that Drake, being in custody of the sheriff at the suit of plaintiff, Clarkej deposited the bond in question in the hands of defendant, Howard, as a friend, whereon to raise money for his relief, and to satisfy his creditor.
Decided 1806-11-15
¶1delivered the opinion of all the judges, except Bay, '^absent, sick. No proof of conversion. Drake, when the demand was-made' by Clarke, had not assigned the bond, nor given Clarke any authority to demand it. Plaintiff not entitled to recover. The ‘ penalty of the bond not appearing, there was no other standard whereby to estimate the damage than the land to be conveyed, if a conversion had been proved.
¶2New trial granted.