Snell v. Weir

Citations

• 59 Ill. 494

Syllabus

<p>Trover—whether the proof shows a cause of action. In an action of trover for a horse, it did not appear that the defendant had ever exercised any control over the horse, or that any demand was made before suit brought. There was evidence tending to show a ratification bj the plaintiff of a sale of the horse previously made by a bailee. It was held, the proof failed to establish a cause of action, and an instruction which directed the jury that if the bailee was not authorized to sell the horse, they should find for the plaintiff, being the only instruction given, was erroneous, because it excluded from the consideration of the jury the question whether there was a wrongful conversion, either by a tortious taking, or a refusal to deliver on demand, and also excluded the subject of a subsequent ratification.</p>