Jenkins v. . Jarrett

Upon the trial, his Honor being of opinion with defendant, gave judgment accordingly, from which judgment the plaintiff appealed.

The facts upon which the decision of the Court is based are found fully stated in the opinion of Justice RODMAN. This is an action to recover a horse. The case is as follows:

Sometime before the year 1868, Taylor, who owned the horse, sold and delivered to Barnes, and took Barnes' note for the price. Afterwards he agreed with Barnes to take the horse back and credit Barnes' note with $200. The horse was not re-delivered to Taylor, Barnes saying he would keep the…