Wallace & Williams v. Mallary Bros. & Co.

This was an action brought for the recovery of personal property, and the court directed a verdict in favor of the plaintiffs. It is insisted here that this was erroneous, for the' reason that there was no sufficient evidence of a conversion to authorize a recovery by the plaintiffs. There was no evidence that the •defendants were in possession of the property at the time the suit •was brought. It was therefore essential that the plaintiffs should prove a conversion prior to the bringing of the suit. It is contended by counsel for defendants in error that a conversion was proved by evidence…