Cohen & Hammond, Inc. v. Arnold

This is an action on a replevin bond. The case is before us on a report, which states that due execution of the bond and proper demand for the return of the replevied property were admitted. At the trial of this action to recover on the bond, the defendants offered to show that the automobile replevied, when the writ of replevin was served, was not “ the property of the present plaintiff, but was the property of another, and was taken on May 26,1921, from a person who had acquired supposed title to it from the defendant, Arnold, prior thereto.” The exclusion of this evidence presents the…