Vandelle v. Rohan

The plaintiff alleges that he consigned to the defendant certain briarwood; that the defendant sold the same and received therefor $680.80 in money and an instrument in writing for $2,326.38; that the plaintiff demanded the proceeds thereof from the defendant, who refused to pay over the sum collected or deliver over said instrument, but unlawfully converted the same to his own use to the plaintiff’s damage, $3,007.18. There is no allegation that said instrument was made to the plaintiff, was ever in his possession or that he had any proprietory interest therein. The defendant pleads two…