Bunnell v. Studebaker

Bicknell, C. C.

— This was an action by the appellant against the appellees to recover damages for unlawfully taking and converting to their own use the plaintiff’s sorrel mare.. The defendant Hodge was defaulted. Studebaker answered by a general denial. The plaintiff claimed the mare by pur*339chase from Holdridge, to whom it was alleged that Hodge had sold her.

The defence was substantially that Studebaker found Hodge in possession of the mare, claiming to be her owner; that he borrowed the mare' from. Hodge to ride home, and returned her to him before suit brought, without having any knowledge…