Burpee v. Athens Production Credit Asso.

A suit was brought for a certain furnace and appliances described as follows: '“One Sunbeam No. 24 Steel Furnace of the value of $240.00, and one Stokol Stoker Model No. DF 12463-2, of the value of $245.00, which are in the possession, custody, and control of said defendants as hereinafter set forth. Said property has not lost its identity, and can be identified by name and number indelibly impressed thereon.” The right of re covery, relatively to the question here raised, was based on the allegations of the petition which in effect stated that one Driver borrowed money from the plaintiff. To…