Pfeifer v. Bartholomay
Pfeifer v. Bartholomay
Opinion of the Court
This is an action for the conversion of fifteen items of household and lawn furniture and equipment of the total alleged value of $168. The case was tried to the court without a jury and the court found that the defendant converted some of the items, the value of which was $44. Judgment was rendered accordingly and the defendant appeals and demands a trial de novo.
The plaintiff employed the defendant to move some of her household goods and other items of personal property from one residence to another in the city of Fargo. The plaintiff gave the defendant a check for $20 on December 29, 1952, and it ap
By agreement of the parties the trial court went to the plaintiff’s garage and examined the contents. There he found four of the items intact. With respect to a fifth item of three French doors, the court found two of them. They had been damaged by fire. The defendant had testified that some of the items had been burned by a fire in his shop. Of the unaccounted for items the court disregarded two as being of trivial value. For the French doors he allowed damages in the sum of $8. For five other unaccounted for items he allowed $36, which was considerably less than the values fixed by the plaintiff. The court presumably accepted the defendant’s testimony that the walnut dresser was junk as he allowed nothing for it. He allowed nothing for the two items at Andy Gump’s place because they were available to the plaintiff. With respect to the -items for which the court awarded judgment the evidence clearly shows that they were turned over to the possession of the defendant for the purpose of moving them to plaintiff’s Seventh Avenue residence. He failed to account for them or to deliver them to -plaintiff on demand. He is liable for the value thereof and the' value fixed by the court appears to be fair and reasonable.
The judgment is affirmed.
Reference
- Full Case Name
- Jean PFEIFER, and v. Merle BARTHOLOMAY, and
- Status
- Published