Byrne v. Crooks

McAdam, Ch. J.

The action is for conversion, and the complaint alleges that the defendants wrongfully took and carried away 58 boxes of tin, from the possession, custody and care of James M. Lyddy, and wrongfully and *149unlawfully thereafter converted the same to their own use. I/yddy was at the time the general assignee of Joseph Byrne & Co. He was subsequently discharged from his trust, and, by order of the court, made a re-assignment of the firm’s assets to the plaintiff, who brings this action, claiming $449.50 damages.

The question presented is whether there was a conversion by the…