Stewart v. Dougherty

Douoherty apprehending that he had been defrauded by Stewart, in “a horse swap,” tendered to him the horse he had gotten from him; and thereupon, sued him for the conversion of that which he had given him in exchange.

Upon the trial, the Court gave the following instructions to the jury: — “that if the defendant had the pos- *480“ session of the mare, either before or after the offer “ of Dougherty to return the horse, Dougherty could “ recover the value of his mare in this action;” — and “ also — “that if Dougherty, by wrong or improper in- “ formation, purchased the horse or traded for him, and…