Burke v. Dunn

This is an action of replevin for a horse. The claim of plaintiff is that he bought the horse of one O’Malio in April, 1897; that, shortly after this purchase, O’Malio died. The plaintiff thereupon tendered to the widow of O’Malio the portion of the purchase price remaining unpaid, and demanded the delivery of the horse by defendant, in whose' possession the horse was at O’Malio’s death. The widow refused the tender, apparently on the ground that, as no administrator had been appointed, she had no right to receive the money; and the defendant, -for a like reason, refused to part with the…