Lyen v. Bond

• Citation: 19 P. 35,3 Wash.Terr. 407
• Parties: LYEN v. BOND.
• Decision Date: 27 January 1888
• Court: Washington Supreme Court

19 P. 35

3 Wash.Terr. 407

LYEN v. BOND.

Supreme Court of Territory of Washington

January 27, 1888

Error to Fourth district court.

Action by S. M. Bond against E. W. Lyen to recover the value of certain hogs alleged to have been converted by the latter. Judgment for plaintiff, and defendant brings error.

JONES, C.J.

Defendant in error was the plaintiff below, and his complaint in this action is in these words: "Plaintiff complains of defendant, and alleges that on or about the 3d day of October, 1884, in the county of Kittitas and territory of Washington, plaintiff having agreed to sell forty head of hogs to Jones & Davenport; said hogs to be driven across the Cascade mountains to Seattle, on Puget Sound, in said territory of Washington, to be paid for on delivery at said town of Seattle. Said hogs were placed in charge of defendant, he taking from plaintiff a statement of the purchase price, to-wit, the sum of four hundred dollars ($400.) The defendant, at the time before mentioned, took charge and control of said forty head of hogs from plaintiff and agreed with plaintiff to deliver said hogs at the town of Seattle to said Jones & Davenport upon the payment to him of the sum of four hundred ($400) which sum said defendant agreed to pay plaintiff, less his (defendant's) reasonable charges for taking care of the property. Said hogs of plaintiff were marked with a smooth crop off the right ear, and a swallow fork off the left ear so as to distinguish them from other hogs; said defendant having charge of a drove of hogs part of which were his own all of said hogs in said drove being in charge of E. W. Lyen as this plaintiff is informed and believes. Defendant against the express direction of plaintiff, allowed said Jones and Davenport, or either of them, to sell and dispose of a portion of the said drove of hogs, including the forty head of hogs, the foundation of this action. And himself, on or about the 1st day of November, 1884, disposed of the remainder of said drove of hogs, including the forty head of plaintiff's hogs, receiving for said remainder the sum of about fifteen hundred dollars, ($1,500,) which sum he appropriated to his own use and benefit, and, though often demanded, has failed and refuses to pay plaintiff any part of said sum of four hundred dollars, ($400.) Twenty dollars is a reasonable compensation to defendant for his trouble in taking the charge and care of said hogs. Wher...