McClemy v. Brown

Citations

• 29 Del. 253
• 6 Boyce 253
• 99 A. 48
• 1916 Del. LEXIS 34

Syllabus

<p>1. Replevin—Nature and Grounds of Action.</p> <p>Replevin lies for the possession of goods and chattels unlawfully detained from the owner, or person entitled to the possession, and its object is the recovery of the property itself with damages for the taking and detention thereof, or the recovery of a sum of money equivalent to the value of the property. ,</p> <p>2. Replevin—Evidence—Admissibility.</p> <p>In replevin for an automobile sold to defendants by one who purchased it with funds furnished by plaintiff and to whom plaintiff was engaged to be married, the jury, in determining whether plaintiff gave such person the money to buy the car for plaintiff or for himself, should consider all the evidence in the case, including the receipts for payments and insurance policy issued in the name of such third person, and also the relation between such person and plaintiff when the car was purchased.</p> <p>3. Replevin—Right of Action—Ownership of Property.</p> <p>In replevin for an automobile purchased by a third person with funds furnished by plaintiff, and sold by such third person to defendants, if plaintiff gave the money to the third person to buy the car for himself, the verdict should be for defendants.</p> <p>4. Replevin—Right of Action—Ownership of Property.</p> <p>In replevin for an automobile purchased by a third person with funds furnished by plaintiff and by him sold to defendants, if the third person, acting as agent of plaintiff, received the money from her to buy the car for her, and he bought it unconditionally, whether he applied all the money she gave him or not in payment of the car, the ownership and right of possession immediately vested in plaintiff, and the verdict should be in her favor.</p> <p>5. Replevin—Right of Action—Existence of Relation—Termination.</p> <p>Where one received money as agent with which to buy an automobile for the principal, and he did so, the agency ceased, and custody of the car thereafter by the agent with permission