Lee Tire & Rubber Co. v. Bonholtzer

Toal, J.,

The trial in this ease resulted in a nonsuit and plaintiff has filed its motion to take off the nonsuit. The matter has been argued before the court en banc and is now ready for decision.

*219In viewing the evidence, we must look at it in the light most favorable to plaintiff and all conflicts of-testimony and all facts and inferences of fact must be resolved in plaintiff’s favor.

Plaintiff instituted this suit in trespass, alleging that defendant had converted certain checks and moneys to his own use and plaintiff was thereby damaged in the sum of $814.70, plus interest.

The evidence of…