Donofrio v. Watson Bros.

Citations

• 83 Wash. 41
• 145 P. 75
• 1914 Wash. LEXIS 1591

Syllabus

<p>Trover and Conversion — Title of Owner — Chattel Mortgagees. Chattel mortgagees, placed in possession under an agreement with the mortgagors transferring the title to them, are the owners, and may sue in their own names for a conversion of the chattels.</p> <p>Same — Value—Evidence—Admissibility. In an action for the conversion of a span or horses, evidence of their value at the time they were placed in the hands of the defendants is competent, where there is also evidence that they were of that value at the time of the demand for their return.</p> <p>Same — What Constitutes. Refusal of a demand for the return of horses intrusted to defendants for use for their keep, for the reason that the horses had been sold, constitutes a conversion.</p> <p>Same — Right of Action — Ownership — Right of Possession. Chattel mortgagees, to whom the ownership and right of possession had been transferred by the mortgagors, can maintain an action for conversion, without ever having been in possession.</p> <p>Animals — Agister’s Lien — Persons Entitled. No agister’s lien on a span of horses can be claimed by one who obtained possession under a special contract to keep the horses for their use without cost, and redeliver the horses at any time upon demand.</p>