Benjamin Schwarz & Sons v. Kennedy
U.S. Circuit Court for the District of Oregon
At Law. On demurrer to reply and motion for judgment on the pleadings. This is an action in trover for the alleged conversion by the defendant of 86 bales of hops. The complaint contains the usual allegations by plaintiffs of ownership and right to the possession of the hops on December 4, 1903, and the wrongful conversion on that date of the same by defendant.
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At Law. On demurrer to reply and motion for judgment on the pleadings. This is an action in trover for the alleged conversion by the defendant of 86 bales of hops. The complaint contains the usual allegations by plaintiffs of ownership and right to the possession of the hops on December 4, 1903, and the wrongful conversion on that date of the same by defendant. The defendant controverts these allegations, and by a first further and separate answer asserts ownership and right to possession in himself. By a second further and separate answer he sets up that on December 4, 1903, the plaintiffs…
1Opinion of the CourtWolverton, District Judge
(after stating the facts). A demurrer having been filed, the motion to strike out must be deemed to have been waived, and I shall consider the demurrer and motion for judgment on the pleadings together as a means of testing the sufficiency of the reply. The reply is designed as a plea in avoidance of the estoppel claimed by reason of- the judgment alluded to as having been given and rendered in the replevin action. The question for determination is, therefore, whether such reply contains a defense .to the new matter set up in the answer by way of estoppel. The verdict of the jury in the…
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