Chas. H. Dodd & Co. v. Williams-Smithson Co.

Citations

• 27 Wash. 89
• 67 P. 352
• 1901 Wash. LEXIS 465

Syllabus

<p>CLAIM AND DELIVERY-GROUNDS-WRONGFUL DETENTION-NON SUIT.</p> <p>In an action of claim and delivery, in which, the right of possession of certain personal property is in issue, the ownership being admittedly in plaintiff, plaintiff should be non suited where the only evidence introduced by it showed possession in defendant, that the property had been consigned to defendant to sell on commission, and the value of same, and there was nothing showing wrongful detention.</p> <p>SAME-BrRDEJT OF PROOF.</p> <p>In an action of claim and delivery the burden of proof is-upon plaintiff to show a wrongful taking or detention of the property, where defendant denies the allegations of wrong, and such burden is not shifted to defendant by reason of special defenses-being interposed as well as the general denial, -since defendant, is not called upon to offer proofs of special defénses until plaintiff has made a prima facie case.</p>