Blankenship v. Berry

Citations

• 28 Tex. 448

Syllabus

<p>See this case for facts held to be insufficient to show a conversion or wrongful detention by the defendant of the slaves in controversy, although his possession of them was not denied.</p> <p>The evidence failed to show how the plaintiff’s slaves came into the defendant’s possession, but it was proved that they had been on defendant’s premises on former occasions when the plaintiff himself was also there. Held, that under these circumstances, and in the absence of contravening evidence, it is to be presumed that the slaves went to the defendant’s premises by the direction of their owner, the plaintiff, and that they remained there with his consent:</p> <p>The defendant, being applied to for the slaves by a negro who came after them, refused to let them go, but said that if the plaintiff would come himself, or would send a white men, he would let them go. Held, that if the defendant was not satisfied that the negro who made the application had authority.from the plaintiff, he was justifiable in refusing to deliver the slaves until the plaintiff should apply for them, either in person or by his duly accredited agent.</p> <p>A demand for personal property may be made by an agent; but if the party in possession, in consequence of his not being reasonably satisfied that the person making the demand is authorized to receive the property, refuse in good faith to deliver it to such person, the demand will be held insufficient.</p> <p>The facts, as above indicated, do not disclose any fraud entitling the plaintiff to judgment against-the defendant for any amount of attorney’s fees as special damages, notwithstanding that the defendant made defense against the suit, and, on advice of his counsel, replevied the slaves from the sequestration levied upon them. Having never denied the plaintiff’s right to the slaves, his defense is to be imputed to the claim for special damages, which he had a right to resist.</p> <p>The verdict in favor of the plaintiff found the separate va