Johnson v. Ashland Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action to recover damages for the alleged conversion of a quantity of saw-logs.
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APPEAL from the Circuit Court for Ashland County. Action to recover damages for the alleged conversion of a quantity of saw-logs. After alleging the appointment of a guardian ad litem of the infant plaintiff, and defendant’s corporate character, the complaint avers that before and until the dates and times hereinafter mentioned, the plaintiffs were entitled to the immediate possession of 718,757 feet, board measure, of pine saw-logs, cut on the northeast quarter of the northwest quarter and lot 3, of section 5, town 48, range 4 west, their property, of the value of $2,886; that between the…
1Opinion of the Court
LyoN, J".
In a complaint in trover it is sufficient to allege an unlawful conversion of the goods, without alleging a demand and refusal. The conversion may be proved by showing a demand and' refusal, and it may also be proved by showing that the defendant has sold or destroyed the goods, and perhaps in other ways. But it is not necessary to set out in the complaint the specific acts which constitute the conversion. In some cases, the only evidence of the conversion is the refusal to deliver the goods on demand. In such cases, the demand and refusal must be proved in order to prove a…
2Cases cited2 opinions
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Root v. BonnemaWisconsin Supreme Court · 1868
3Cited by7 opinions
- Daggett v. GrayCalifornia Supreme Court · 1895
- Potter v. TaggartWisconsin Supreme Court · 1882
- Joseph Goldberger Iron Co. v. Cincinnati Iron & Steel Co.Court of Appeals of Kentucky · 1913
- More v. Western Grain Co.North Dakota Supreme Court · 1915
- Millard v. McDonald Lumber Co.Wisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.