Bruton v. Sakariason

Citations

• 21 N.M. 438
• 155 P. 725

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>. 1. A. was employed by B. to care for and manage his sheep, which were grazed upon the open range. During the time that he was so employed, A. feloniously steals and drives into B.’s herd the sheep of another. Held, that such larceny was not in the “course of employment,” and that a judgment against B. cannot be sustained in the absence of evidence showing ratification or the acceptance of benefits.</p> <p>P. 442</p> <p>2. Every person is liable in trover who personally, or by agent, commits an act of conversion, or who participates by instigating, aiding, or assisting another, or who benefits by its proceeds in whole or in part. . P. 443</p> <p>3. Value of the thing converted is a “material allegation” in a case of trover and conversion; hence, where alleged, and not denied, no proof of value is required. P. 444</p>