Shea v. Chinn

This action is brought to recover the value of two horses owned by plaintiff and claimed to have been converted by the defendant. They were sent to defendant’s stock farm in Kentucky for breeding purposes, profits to be applied toward their keep, the surplus, if any, to be paid to the plaintiff, and any deficiency to be paid by him.

Defendant’s original possession was concededly legal; thus a demand for their possession, and a refusal to deliver, was necessary. (MacDonnell v. Buffalo L., T. & S. D. Co., 193 N. Y. 92.) The learned trial court found that three demands had been made and refused,…