M & M Hotel Co. v. Nichols

OPINION

By ROSS, PJ.

Diehm became in-arrears for his bill and upon being pressed for payment, turned the machine over to the Hotel. The management in seeking a possible purchaser for the machine induced the defendant in error, a dealer in such articles, to examine it. The number of the machine was taken by the defendant in error, and it was discovered that this machine had been stolen from its premises. Diehm was arrested, prosecuted, and his case ignored by the grand jury. The prosecutor seized the machine as evidence, later returning it to the hotel. For some -reason, which does not appear,…