Darden v. MannDarden v. Mann
- Reporters:
- , ,
- Before:
- Simpson
This аction is by the appellee against the appellants, the first count being in trespass and the second in trover, for thе conversion of a horse. The only assignments of error insisted on relate to the giving of charge A at the request of the plaintiff, and the refusal to give certain сharges requested by the defendants, unless remarks in the brief of appellants may be considered as insisting on error in overruling thе exception to the question to thе witness W. B. Walker, “What was Phil Walker worth?”
Phil Walker wаs one of the defendants, and the clаim of plaintiff is that all of the defendants conspired to defraud him of his .horse, by having Phil Wаlker to come in and offer to give $245 fоr the Pitts note of $250, mailing the false statement that the father of Pitts was in town for the purрose of paying the note off; that the trade was not actually consummatеd, but that plaintiff only agreed to make thе • trade of the horse for the notes рrovided said Phil Walker would pay the $245 in cash; and that they deceived him with this promise, until thеy got possession of’ the horse, without his knоwledge or consent. It was then, a material circumstance, in reaching a conclusion as to the facts and intentiоn of the transaction, to ‘show whether оr not Phil Walker’s promise wa.s worth anything. The сourt erred in giving charge A on request of the plaintiff.
*300This action is for trespass and trоver, and, even though the -defendants had conspired to trade worthless notes tо the plaintiff for the horse, yet unless eаch defendant aided or abetted in thе taking, or in the conversion of the horsе, or the same was done in pursuancе of the conspiracy, he could not be guilty of the taking or conversion, as сharged in the complaint. It was a questiоn for the jury to determine, from all the circumstances detailed by the -witness, whether оr not Darden, or any of the other defendants, were guilty of the trespass o-r the сonversion, and there was no errer in thе refusal of the court to give chargеs B, C, D, and E.
The judgment of the court is reversed, and the cause remanded.
Reversed and remanded.
Dowdell, C. J., and McClellan and Mayfield, JJ., concur.