Thomas v. Westbrook
| Decision Date | 14 February 1944 |
| Docket Number | 4-7256 |
| Parties | Thomas v. Westbrook |
| Court | Arkansas Supreme Court |
Appeal from Howard Circuit Court; Minor W. Millwee, Judge.
Affirmed.
Jas S. McConnell, for appellant.
Appellants, Nora Thomas and W. W. Willard, seek to reverse judgment of the circuit court in a suit instituted by appellant Nora Thomas, against appellant, W. W. Willard, and appellee, R. W. Westbrook. In her complaint appellant, Nora Thomas, alleged that she had purchased and become the owner of, on January 30, 1943, the promissory note for $ 290 executed and delivered by W. W. Willard to C. H. Sutton and J. A. Colliar, due 90 days after date and bearing interest at the rate of 10 per cent. per annum; that said note was secured by mortgage on certain meat market equipment and other property located in Dierks, Arkansas; that said mortgage was duly filed; that nothing had been paid on the note; that appellee, Westbrook, had taken possession of the personal property covered by said mortgage; and she prayed for judgment for the amount due on the note with interest, and for possession of the personal property, or damages for the wrongful conversion thereof.
Willard answered admitting the execution of the note and mortgage, and that the amount sued for was due, and filed a cross-complaint against appellee for damages in the sum of $ 3,800 for the conversion of the personal property. Appellee, Westbrook, answered denying all the allegations of the complaint and pleading the statute of limitations. He also filed reply to Willard's cross-complaint alleging that Willard owed him the sum of $ 300 for rent and had damaged him in the further sum of $ 500, for which appellee asked judgment against Willard.
A jury was waived and the case was tried before the lower court, which rendered judgment in favor of appellant, Nora Thomas, against Willard for the amount due on the note, and dismissed her action against appellee, Westbrook, and also the cross-complaint of appellant, Willard, and the cross-complaint of appellee, Westbrook.
The lower court made findings of fact, among which was a finding that any conversion of the mortgaged property by appellee, Westbrook, occurred when appellee, who owned the building in which the meat market equipment was located, changed the lock on the door of this building thereby preventing appellant, Willard, from entering, and, since this occurred more than three years before the filing of the suit by appellant, Nora Thomas, her right of action, as owner of the mortgage, against appellee, Westbrook, for the alleged conversion was barred by the three-year statute of limitations, and that appellant, Willard's cross-complaint was likewise barred.
Conversion is ordinarily said to consist of the exercise of dominion over the property in violation of the rights of the owner or person entitled to possession. The...
To continue reading
Request your trial
-
In re Living Hope Sw. Med. Svcs Llc
...56, 864 S.W.2d 845 (1993)); Ford Motor Credit Co. v. Herring, 267 Ark. 201, 204, 589 S.W.2d 584, 586 (1979) (citing Thomas v. Westbrook, 206 Ark. 841, 177 S.W.2d 931 (1944)). Under this definition, Goldenberg must have wrongfully taken control of the $25,000.00 and in so doing must have int......
-
Wilkins v. U.S. Bank, Nat. Ass'n.
...exercise of dominion over the property in violation of the rights of the owner or person entitled to possession." Thomas v. Westbrook, 206 Ark. 841, 177 S.W.2d 931, 932 (1944). The facts supporting Plaintiffs claim of conversion are weak and certainly not undisputed. As set out above, Plain......
-
In Re: Living Hope Southwest Medical Svcs LLC
...56, 864 S.W.2d 845 (1993)); Ford Motor Credit Co. v. Herring, 267 Ark. 201, 204, 589 S.W.2d 584, 586 (1979) (citing Thomas v. Westbrook, 206 Ark. 841, 177 S.W.2d 931 (1944)). Under this definition, Goldenberg must havewrongfully taken control of the $25,000.00 and in so doing must have inte......
-
In re Hoffman
...of the proceeds. Auston v. Loyd, 533 F.Supp. 737, 740 (W.D.Ark.1982), aff'd, 691 F.2d 503 (8th Cir.1982) quoting Thomas v. Westbrook, 206 Ark. 841, 177 S.W.2d 931 (1944). The offense of embezzlement requires only proof of a wrongful taking and deprivation from the rightful owner. United Sta......