Eisenberg v. Nichols

The opinion of the court was delivered by

Dunbar, J.

This is an action in replevin to recover certain jewelry bought of the appellant by the respondent ISTichols, and afterwards sold by him to the respondent Rogers. Upon the close of appellant’s testimony the respondents challenged the sufficiency of the same on a motion to dismiss, and the motion was granted by the court. Judgment was entered for costs, and from such judgment this appeal is taken.

It is the contention of the appellant that the circumstances under which these goods were purchased show that it was a bailment, instead of a…