Talley v. Fawcett

Opinion by

Mr. Justice Knauss.

In the trial court John Fawcett, assignee, was plaintiff and John DiTirro was defendant. Plaintiff in error, Talley, was brought into the case as a third party defendant by DiTirro and in the trial court Fawcett recovered judgment against DiTirro for $521.87. DiTirro recovered a like judgment against Talley. The latter brings the case here on writ of error.

Briefly stated the facts as pleaded and proved on the trial were: One McReynolds, employed by General Electric Supply Company as a warehouseman, stole certain appliances from his employer on or about April 14,…