Johnson v. Day

FOSTER, Justice.

This is an action of trover for the conversion of appellee’s automobile.

The dispute is dependant upon the existence of appellant’s claim that he traded another . car for that which plaintiff claims was converted. Plaintiff claims that he left his automobile with defendant for repairs, and that defendant loaned him another to use; that defendant repaired and sold plaintiff’s car and sent for and took the one he loaned plaintiff. Defendant claimed that plaintiff owed him in the trade; that he took papers on the car, which were surrendered to defendant after he recaptured it.

It…