McGuigan v. Jacobson

Citations

• 106 Kan. 744
• 189 P. 962
• 1920 Kan. LEXIS 645

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conversion — Property Turned Over to Defendant — Question of Ownership — Instruction. An instruction in substance that if there was no agreement that the property turned over to the defendant by the plaintiff was to be the former’s, his answer alleging ownership amounted to a conversion, held proper.</p> <p>2. Same — Findings—Supported by Evidence. The findings of the jury had sufficient support in the evidence to permit them to stand.</p> <p>3. Same — Instruction—Damages. There was no error in refusing an instruction touching damages to the building in question.</p> <p>4. Same — Excessive Verdiet — Option to Remit Excess or New Trial. The option to remit all of the verdict over $2,000 was properly given the plaintiff, and held, generally, that when the evidence fairly supports only a portion of the amount of damages assessed by the jury and there is no showing to indicate passion or prejudice, it is good practice to refuse a new trial on condition that the overplus be remitted.</p>