Stuart v. Roche

It appears from the allegations of the original bill that the plaintiff in the original suit was the owner of a horse known as “Nicholas J. Hayes,” and that the defendant, who was engaged in the business of buying and selling horses, owned a horse known as “The Whippet.” The parties on August 29,1927, made an even exchange of the horses under which the plaintiff acquired possession and title to the horse “Whippet,” and the defendant acquired title and took possession of the horse “Nicholas J. Hayes.” The defendant in the original suit on September 3, 1927, returned the horse *64he had received…