Howitt v. Estelle

Citations

• 92 Ill. 218

Syllabus

<p>1. New trial—on the evidence. Where the evidence is contradictory and wholly irreconcilable, it is for the jury to weigh it and give it such credit as it deserves; and while the evidence upon which a verdict is based in such a case may he unsatisfactory on paper, a new trial will not be granted on the ground the evidence fails to support the finding.</p> <p>2. Trover—when a demand is necessary. Where a party actually converts the personal property of another by selling the same and appropriating the proceeds, no demand is necessary by the owner before suing for the conversion. A wrongful taking or a wrongful sale constitutes an actual conversion. Where a party comes lawfully into possession and retains the property, to put him in the wrong a demand and refusal are necessary.</p>