Johnson v. Hays
Ohio Supreme Court
Petition in error to reverse the judgment of the District Court of Madison county. The original suit was brought by Hays against Johnson in the common pleas of Madison county, for the recovery of the value of two hundred stock hogs, alleged to be worth nine hundred dollars, which Hays charged belonged to him, but which had wrongfully come into the possession of Johnson, who, on demand, refused to give the same up.
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Petition in error to reverse the judgment of the District Court of Madison county. The original suit was brought by Hays against Johnson in the common pleas of Madison county, for the recovery of the value of two hundred stock hogs, alleged to be worth nine hundred dollars, which Hays charged belonged to him, but which had wrongfully come into the possession of Johnson, who, on demand, refused to give the same up. The defendant Johnson, by his answer, claimed the property in the hogs, by an alleged valid purchase of the same from one John Lewis. Judgment was rendered in the common pleas for…
1Opinion of the CourtBartley, J.
It appears that on the 22d day of January, 1853, Hays, the defendant in error, entered into a written contract with one John Lewis, whereby Lewis bound himself to sell and deliver to Hays, on the 24th day of the same month, 258 hogs, with the privilege of increasing the number to 300, Lewis agreeing to take them back into his possession, and keep them till the first of October following, and then re-deliver them to Hays ; the lightest of the hogs not to weigh less than 140 lbs. gross. And Hays bound himself to pay Lewis $4.25 per cwt. for the hogs, as follows: $300 on delivery, $200 on the…
2Cited by2 opinions
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