Lalonier v. Philip Werlein Co.
Lalonier v. Philip Werlein Co.
Opinion of the Court
rendered the opinion and decree of the Court, as follows:
The trial Court properly ordered the return of the piano and recognized defendant’s claim and privilege for the balance of the purchase price; but it was an error not to have condemned defendant in damages for its unlawful trespass and conversion. Though'the act was not accompanied by violence it should nevertheless be the subject of judicial condemnation; and we are of opinion that, considering that plaintiff’s home has been invaded and that he has now been deprived of the use of the piano since July, 1914, an award of $200 damages is justifiable.
Thompson vs. Coupland, 6 Ct. of App., 403.
Gerstner vs. Crescent Ice Co., 8 Ct. of App., 209.
Washington vs. Singer Sewing Machine Co., No. 5850 of our docket.
Greenlee vs. Singer Sewing Machine Co., No. 5851 of our docket.
Bettis vs. Singer Sewing Machine Co., No. 5852 of our docket.
Evans vs. Grunewald Piano Co., No. 6173 of our docket.
Act 62 of 1877, E. S., p. 102.
The case of Jenks vs. Home Co., 34 A., 1241, is inapplicable, for as was said in Van Wren vs. Flynn, 34 A., 1158, the trespass and removal were accomplished with plaintiff’s knowledge and consent.
The judgment is accordingly reversed in so far as it rejects plaintiff’s claim- for damages and it is now decreed on that score that plaintiff have judgment against defendant for $200, with legal interest from date until paid, the costs of the trial 'Court on the main demand ■-and all costs of this appeal to be borne by defendant, and the costs of the trial Court on the reconventional demand to be paid by plaintiff, and as thus altered and amended the judgment in all other respects is affirmed.
Reversed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.