Garrett v. American Fruit Growers, Inc.

The plaintiff in the court below, plaintiff in error here, filed a declaration composed of four counts, the first two in conversion and the last two in trespass. The first count in conversion and the first count in trespass do not charge any wilful or wanton conduct, whereas the second and fourth counts charge respectively a wilful conversion and a wilful trespass. The basis of fact underlying all the counts consisted in a charge that the defendant took five hundred and sixty one field boxes of Valencia oranges belonging to the plaintiff of the value of $1120.00. The first count charges that…