Maxwell v. Houston

Decided June 15, 1872

Supreme Court of North Carolina · decided 1872-06-15

Civil Action to recover damages for the conversion of a horse, &c., tried before Buxton, A, at Fall Term, 1871, of Union Superior Court. Elizabeth Maxwell, the plaintiff, was examined as a witness and testified that the horse in controversy was in the possession of Green W. Houston when he died; aiter his .death, the defendant, who was administrator, told witness to come over to his house, and he would give up all her property in his possession.

Decided 1872-06-15

Reads, J.

¶1The relation which subsisted between the plaintiff and the intestate of the defendant was that of bailor and bailee, and was governed by the general principle that a bailee is estopped from denying his bailor’s title.

¶2When the defendant, converted the horse and other articles he became a wrong doer, although he came to the possession by the law, and he cannot be heard to dispute the title of the plaintiff. For this, the case of Craig v. Miller, 12 Ire, 375, is authority.

¶3There is no error.

¶4Per Curiam. Judgment affirmed.