Dayton v. Monroe

Monroe sued Dayton, with John B. Hooker and Eoster Beynolds, charging in the first count that defendants defrauded him of a horse, and in the second that they wrongfully converted the horse. The suit was subsequently discontinued against all but Dayton.

The fraud committed on plaintiff was through the immediate instrumentality of Hooker and Beynolds. The horse went into Dayton’s hands, and the recovery was sought and obtained on the ground that all of them were partners in *195the fraud and mutually concerned in originating and furthering it.

The errors relied on upon the argument all go to the…