National Bond & Investment Co. v. Moss

Plaintiff filed suit in replevin to recover possession of a Marmon automobile of the alleged value of $1,000. Upon demand made by the bailiff of the municipal court, Charles P. Moss, doing business as the Moss Auto Sales, defendant herein, refused to deliver up the chattel, whereupon plaintiff, by leave of court, filed a statement of claim in trover. . Trial was had before the court without a jury, resulting in a finding for the defendant and the entry of a judgment that the plaintiff take nothing by its suit.

The essential facts, as to which there is substantially no dispute, disclose that on…