Kimburg v. Mayer

This is an action in replevin. The complaint alleges ownership and detention by the defendant. It does not ask for damages. The answer does not deny ownership, but alleges that the jewelry, the subject-matter of the action, was deposited with the defendant as security for a loan.

At the time of the trial possession had been restored to the plaintiff. On the trial the answer was amended over objection to demand a return of the jewelry.

The jury rendered a verdict that the jewelry was placed with the defendant for safe-keeping but not to secure a loan and that the plaintiff is entitled to it. The…