Roan v. McCaleb, 1 Div. 630

CourtSupreme Court of Alabama
Writing for the CourtPER CURIAM; The foregoing opinion was prepared by FOSTER; LIVINGSTON
Citation264 Ala. 31,84 So.2d 358
PartiesFred E. ROAN v. Dale H. McCALEB.
Decision Date28 November 1955
Docket Number1 Div. 630

Page 358

84 So.2d 358
264 Ala. 31
Fred E. ROAN
v.
Dale H. McCALEB.
1 Div. 630.
Supreme Court of Alabama.
Nov. 28, 1955.
Rehearing Denied Jan. 12, 1956.

[264 Ala. 32]

Page 359

Bart B. Chamberlain, Jr., Mobile, for appellant.

M. A. Marsal, Mobile, for appellee.

PER CURIAM.

Appellee (plaintiff) recovered a judgment for $1,500, in trover, against appellant (defendant) for the conversion of a Ford automobile. The highest value of the Ford at the time of the conversion, or thereafter up to the time of trial as shown by some of the evidence, was $450.

The count in trover made no allegation of aggravating circumstances nor did it expressly claim exemplary or punitive damages. But it is apparent that the jury included an amount for punitive damages since no phase of the evidence justified [264 Ala. 33] an award of $1,500 for compensation. There was no claim for special compensatory damages. Swedenburg v. Copeland, Ala., 82 So.2d 227. Punitive damages may be recovered in a trover suit the same as in trespass. Rhodes v. McWilson, 192 Ala. 675(7), 69 So. 69; Howton v. Mathias, 197 Ala. 457, 73 So. 92; Standard Oil Co. v. Davis, 208 Ala. 565(8), 94 So. 754; Brothers v. Brothers, 208 Ala. 258(2), 94 So. 175; B. F. Goodrich v. Hughes, 239 Ala. 373(11), 194 So. 842; Roberson Motors v. Heath, 36 Ala.App. 578, 60 So.2d 862. The aggravating circumstances to justify punitive damages need not be alleged in the complaint. Brothers v. Brothers, supra; Sparks v. McCreary, 156 Ala. 382, 47 So. 332, 22 L.R.A.,N.S., 1224; Roberson Motors v. Heath, supra.

The defendant was sued personally, not the corporation of which he was president, which was the Toulminville Motors; and he was probably acting for that corporation. Plaintiff's contention is that he carried his Ford automobile to a used car lot and had a negotiation with defendant, without any particular reference to the corporation. Further, that defendant made him an offer for the exchange of the Ford for a used Chevrolet and the payment of $995 by the plaintiff, thereby allowing him a credit of $300 for the Ford. Further, that plaintiff proposed to take the Chevrolet with him over night and try it out and report the next day, but that no trade was made; that defendant told him to sign a paper, which he did not read, so as to have the Chevrolet covered by insurance while in plaintiff's possession. That paper proved to be a printed form of a conditional sale contract with blanks not filled in, and

Page 360

the blanks have never been filled in. That the next morning plaintiff went back to the used car lot and told defendant he had decided not to trade on account of certain...

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36 practice notes
  • GALACTIC EMPLOYER SERVICES v. McDORMAN
    • United States
    • Alabama Court of Civil Appeals
    • July 11, 2003
    ...and converting personal property); Alabama Music Co. v. Nelson, 282 Ala. 517, 213 So.2d 250 (1968) (alleging conversion); Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 (1955) (alleging conversion); Tennessee Chem. Co. v. Cheatham, 217 Ala. 399, 116 So. 420 (1928) (alleging breach of contract a......
  • Roan v. Smith, 1 Div. 770
    • United States
    • Supreme Court of Alabama
    • September 21, 1961
    ...216; Springer v. Sullivan, 218 Ala. [272 Ala. 542] 645, 119 So. 851. We take judicial knowledge of our own records. Se Roan v. McCaleb, 264 Ala. 31, 84 So.2d The evidence in question now before this court concerns previous fraudulent transactions by one of appellants in the operation of his......
  • Ott v. Fox
    • United States
    • Supreme Court of Alabama
    • July 28, 1978
    ...at that time. Such evidence is sufficient in this regard. See Roan v. Smith, 272 Ala. 538, 133 So.2d 224 (1961); and Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 Also, Ott failed to object to the Court's oral charge. For this reason, he cannot now complain of possible errors contained therein......
  • Read v. Downey State Bank, No. 9259
    • United States
    • Idaho Supreme Court
    • May 28, 1964
    ...Acc. & Indem. Co., 66 N.J.Super. 22, 168 A.2d 418 (1961); Howard v. Deschambeault, 154 Me. 383, 148 A.2d 706 (1959); Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 (1955); 89 C.J.S. Trover & Conversion § 187 (1955); Annot., 3 A.L.R.2d § 4 at 225 (1949); Restatement of Torts, § 247 We po......
  • Request a trial to view additional results
36 cases
  • GALACTIC EMPLOYER SERVICES v. McDORMAN
    • United States
    • Alabama Court of Civil Appeals
    • July 11, 2003
    ...and converting personal property); Alabama Music Co. v. Nelson, 282 Ala. 517, 213 So.2d 250 (1968) (alleging conversion); Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 (1955) (alleging conversion); Tennessee Chem. Co. v. Cheatham, 217 Ala. 399, 116 So. 420 (1928) (alleging breach of contract a......
  • Roan v. Smith, 1 Div. 770
    • United States
    • Supreme Court of Alabama
    • September 21, 1961
    ...216; Springer v. Sullivan, 218 Ala. [272 Ala. 542] 645, 119 So. 851. We take judicial knowledge of our own records. Se Roan v. McCaleb, 264 Ala. 31, 84 So.2d The evidence in question now before this court concerns previous fraudulent transactions by one of appellants in the operation of his......
  • Ott v. Fox
    • United States
    • Supreme Court of Alabama
    • July 28, 1978
    ...at that time. Such evidence is sufficient in this regard. See Roan v. Smith, 272 Ala. 538, 133 So.2d 224 (1961); and Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 Also, Ott failed to object to the Court's oral charge. For this reason, he cannot now complain of possible errors contained therein......
  • Read v. Downey State Bank, No. 9259
    • United States
    • Idaho Supreme Court
    • May 28, 1964
    ...Acc. & Indem. Co., 66 N.J.Super. 22, 168 A.2d 418 (1961); Howard v. Deschambeault, 154 Me. 383, 148 A.2d 706 (1959); Roan v. McCaleb, 264 Ala. 31, 84 So.2d 358 (1955); 89 C.J.S. Trover & Conversion § 187 (1955); Annot., 3 A.L.R.2d § 4 at 225 (1949); Restatement of Torts, § 247 We po......
  • Request a trial to view additional results

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