Lewis v. American Type Founders Co.

1. The petition in this ease alleges that the defendant, without authority, took and carried away designated articles of personalty of a stated value, and that “petitioner brings this suit for a conversion of said property by the defendant and asks that a judgment be given him for the value of the same.” Held that the action sounds in tort, and the court erred in sustaining the general demurrer to the petition, upon the theory that it was in assumpsit. The plaintiff was bound by the rule that “Where one wrongfully takes the personal property of another and converts the same to his own use in…