Southern Car Manufacturing & Supply Co. v. Wagner

Citations

• 14 N.M. 195
• 89 P. 259

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. It will be assumed by this court that evidence, which was admissible for any purpose at the trial of a cause, was admitted on proper grounds, unless the record specifically shows the contrary.</p> <p>2. In an action for the conversion of chattels, under a general ‘denial of the plaintiff’s title, and of the alleged conversion, title in another may be shown.</p> <p>3. In an action for the conversion of chattels, subsequent ratification by the plaintiff of the acts which constituted the alleged conversion, can not be shown under a general denial but must be pleaded as> new matter.</p> <p>4. A statement in a bond given by the defendant in an action for conversion to release from attachment in the cause the .property alleged to have been- converted, which tended to controvert his denial of the conversion declared on, or his-' claim and testimony at the trial, in relation to the title to the property, was- an admission by him, which should have been received in evidence.</p>