Bertholf v. Quinlan Bros.

This was an action of trover, in the Marion circuit court, for six barrels of whiskey, and verdict and judgment for the plaintiff.

To reverse this judgment the defendant appeals, and makes the point that the action is misconceived—that trover is not the appropriate remedy, as appellant obtained possession of the property under color of a contract, and that if the action could be maintained it should be brought in the name of Cramer.

To understand the force of this objection, it is necessary to state, that appellees were a firm, doing business in St. Louis, Cramer being a traveling agent to…