22 Kan. 400 | Kan. | 1879
The opinion of the court was delivered by
But was the plaintiff’s cause of action barred by any statute of limitations'? The cause of action was for the wrongful 'conversion of an Atchison city bond. It seems that on April 10,1868, Ephraim Butcher, defendant in error, plaintiff below, owned a certain bond issued by the city of Atchison, for $1,100; that he, being indebted to James C. Auld, plaintiff in error, defendant below, in the sum of $500, executed his note to Auld for that amount, and to secure the payment thereof, pledged and delivered to Auld said bond, and Auld ■gave him a receipt for the same. This note was paid prior to August, 1869, but according to Butcher’s testimony (and we must now take that to be true), said bond was never returned to Butcher. Nothing was said about the bond at that time or subsequently, until about the first of August, 1876,
Of course, if Butcher, as soon as he paid said note and without making any demand for the bond, could have maintained an action against Auld for the value thereof, he could also, if he had preferred it, have maintained an action of replevin for the bond itself. We do not think, however, that
The second instruction given by the court to the jury, is sustained by M. R. Rld. Co. v. Richards, 8 Kas. 101, 111. And the fourth instruction, as given by the court, was correct.
The judgment of the court below is affirmed.