Dixon & Ebert Co. v. Hicks

The opinion of the court was delivered by

Wertz, J.:

Plaintiff (appellant) brought this action to recover from defendant (appellee) money alleged to have been wrongfully converted by defendant to his own use. From a verdict and judgment in defendants favor, plaintiff appeals.

The petition alleged plaintiff’s corporate existence and that defendant, an officer and employee of the corporation, wrongfully converted to his own use $11,100.00 as shown by an auditor’s itemized statement attached to the petition. It alleged request for repayment, defendant’s refusal, and prayed for judgment for the…