Olcott v. Gebo

Claim and delivery. The complaint is in the ordinary form, averring that, plaintiff being the owner, in possession and entitled to the possession of an automobile of the value of $300, the defendant wrongfully took and detained it. It is also averred that he suffered damage during its detention by defendant in the sum of $5 per day. The answer consists of a general denial and an affirmative allegation that plaintiff’s claim is fraudulent. The plaintiff had verdict and judgment. The defendant has appealed from the judgment and from an order denying him a new trial. The contentions made are…