Small v. Bailey

CULLEN, Commissioner.

Brady and Helen Small brought action against Hiram J. Bailey, L. D. May, and the Stone Coal Corporation to recover the value of certain mining equipment alleged to have been converted by the defendants. The court, trying the case without a jury, gave judgment against the corporation for $4303 but dismissed the complaint as to Bailey and May. The Smalls have appealed, contending that judgment should have gone against Bailey and May also.

The court found as a fact that Bailey had converted the Smalls’ property, but concluded that since Bailey in so doing was acting as agent…