Bradley v. Fanshawe

Lawrence, J

Section 1721 of the Code of Civil Procedure relates to an action for the recovery of a chattel, or in other words to an action of replevin. This is not an action for the recovery of chattels, but an action to recover damages for the wrongful conversion of the bonds mentioned in the complaint, or in other words an action of trover.

I am therefore of the opinion that the complaint in this case states facts sufficient to constitute a cause of action. The allegation in the complaint is “that in the month of September, 1884, this plaintiff at request of defendant delivered said bonds to…