Marshall v. Brown

The plaintiff had given to the defendant a chattel mortgage on a mare used for racing purposes and afterward put her in possession of a third party, giving to him the following writing:

*660“For value received in cash of C. E. McKillopp in the sum of $105.00, I agree to give and deliver to him to keep and to hold the black mare, ‘Minnie H.’ with the privilege of buying her back within the next thirty days for $115.00 and feed bill.

“J. E. Marshall.”

Under these circumstances the defendant caused the arrest of the plaintiff on a charge of larceny by bailee. Upon his discharge by the magistrate before…