53 Ind. App. 310 | Ind. Ct. App. | 1913
— Appellee brought this action against appellants for damages for the conversion of certain railroad bonds, and recovered judgment for $2,100. The only errors assigned and argued are the overruling of the joint demurrer of all the defendants, and the separate demurrers of each defendant, to the amended complaint. In substance, it is averred in the complaint, that on December 7, 1903, the Cincinnati, Bluffton, and Chicago Railroad Company executed and delivered to one Lewis Grissell a certain promissory note for the sum of $3,000, payable at the Citizens Bank at Portland, Indiana, eight months after date with six per cent interest; that to secure the payment of said note when the same should become due, the railroad company at the time of the execution of such note transferred, assigned and delivered to Grissell as collateral security nine first mortgage bonds of said company, each calling for the sum of $1,000 and of the value of $1,000 each. That thereafter, and while still the owner of said note, said Grissell died testate. That by the terms of his will the said note and the securities therefor were bequeathed to plaintiff Jennie May Boyd and defendant Lewis G. Walling share and share alike, and plaintiff is the owner of an undivided one-half interest therein. That plaintiff and defendant Walling were by the will named as executors, and duly qualified
No error appearing, the judgment is affirmed. It having been made to appear that two of appellants have died since this appeal was taken, the judgment is affirmed as of date of submission.
Note. — Reported in 101 N. E. 657. See, also, under (1) 31 Cyc. 324; (2) 2 Cyc. 687; (3) 38 Cyc. 2068, 2069, 2071; (5) 38 Cyc. 84; (6) 38 Cyc. 2032, 2035; (7) 38 Cyc. 2069. As to the scope and effect of writs of error, see 91 Am. Dec. 193. As to conversion of personalty sufficient to sustain action of trover, see 24 Am. St. 795.