Holmes v. Bennett

(After stating the foregoing facts.) The plaintiff sued to recover for an alleged conversion by the defendant of $21.50 of money belonging to the plaintiff. As the burden of proof is upon the plaintiff, he can not establish a conversion unless he establishes title to the money in himself. There is no presumption one way or the other whether an assignment of wages or salary is an assignment of the total amount earned, or is an assignment of only a portion of the wages or salary earned.

There is no evidence whatsoever tending to show that the defendant’s assignment to the plaintiff covered the…