Barry Industries, Inc. v. Aetna Casualty & Surety Co.

PAIR, Associate Judge:

The Aetna Casualty and Surety Company (appellee) complained against appellants for the conversion of a new 1966 model Fleetwood Cadillac automobile (Cadillac) demanding, as the subrogee of Delaware Motor Sales of Wilmington, Delaware, $6,114.19 representing the value of the automobile at the time of its conversion.

Appellants denied any liability in the matter and counterclaimed for damages alleging abuse of process and malicious and libelous misrepresentations. Following the completion of discovery procedures, the parties entered into a stipulation of facts and, having…