Contractors MacHinery & Storage Co. v. Stewart

Geraghty, J. —

This was an action by the plaintiff against the defendants for the recovery of the value of a quantity of steel rails, fish plates and switch frogs and points, the property of plaintiff, alleged to have been taken and converted by defendants. The cause was tried to the court, and from findings and conclusions favorable to plaintiff, this appeal is taken by the defendants.

The appellants concede in their brief that there was sufficient testimony, if believed, to justify the trial court’s finding of an original conversion by appellant Stewart. They contend, however, that, after the…