Loftus v. Agrant

Citations

• 18 S.D. 55
• 99 N.W. 90
• 1904 S.D. LEXIS 21

Syllabus

<p>1. Evidence in an-action against a pawnbroker for conversion of a chattel held sufficient to sustain the conclusion of the jury that plaintiff pledg-' ed the article with defendant, and that defendant disposed of it before the specified time to redeem, notwithstanding a bill of sale thereof by plaintiff to defendant,and an agreement of defendant to sell it to plaintiff, provided it was paid for by a certain time.</p> <p>2. The question whether an action at law is maintainable for conversion of property pledged, when the transacted claimed by plaintiff to have been a pledge was evidenced by a bill of sale, will not be considered on appeal, not having been raised below.</p>