Davis v. Kenaga

This was an action brought to recover the value of a quantity of corn loaned by the plaintiff to the defendants. That the plaintiff was entitled to recover is very clear, but there is a conflict of evidence as to the amount. We are, however, obliged, reluctantly, to reverse this judgment, because of an error in the instructions. The court, in the second instruction, told the jury they might allow interest on the amount they found due from the time the plaintiff had demanded a return of his corn, and the defendant had in fact returned the quantity, but of an inferior grade as to quality. This…