Anderson v. Sutherland
Anderson v. Sutherland
Opinion of the Court
There is little or no controversy about the facts of the case. The main contention is on the questions of the necessity of a demand for the return of the logs before the action was commenced, and whether there was such demand. Both questions seem to have been resolved by the trial court in the affirmative. Ordinarily, a demand and refusal are evidence only of conversion, and not conversion itself. Where there has been an actual conversion, there can, ordinarily, be no occasion for a demand. In the instant case there was an actual conversion of the logs. The only question is whether the defendant is responsible for that ■conversion. The logs were first wrongfully taken by Brace, and by him delivered to the defendant. It is claimed that
No reversible error is found.
By the Oowrt.— The judgment of the circuit court is affirmed.
Reference
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