87 So. 19 | Ala. | 1920
While it is a well-settled legal principle that one who has a special as well as a general interest or title to personal property can maintain trover for the conversion of same, it is also settled that one who has a special interest can only recover the value of his special interest in the property. McGowen v. Young, 2 Stew. P. 160; Zimmerman v. Dunn,
The defendant's plea 4, however, purporting to be one of tender, should have averred that the $54 offered the plaintiff was tendered immediately after the delivery of the goods, or else should have included interest in said sum from the time of the alleged conversion up to the time of the offer. The plea does aver that the full amount due "to wit, $54," was tendered the plaintiff before the suit was brought, but it may have been tendered the day before the suit was brought; and, unless it was tendered contemporaneous with or immediately after the conversion, it could not be and was not the full amount due as confessed to be due in the former part of the plea. The trial court, therefore, erred in not sustaining the plaintiff's first ground of demurrer to defendant's special plea 4.
The judgment of the circuit court is reversed, the judgment of nonsuit is set aside, the cause is reinstated and remanded.
Reversed and remanded.
SAYRE, GARDNER, and BROWN, JJ., concur.