8 Pa. 442 | Pa. | 1848
The action is brought against the plaintiff’s agent, on the ground that he had received the stoves for the plaintiff, either as satisfaction of the debt due by the witness or as collateral security for it; and the fact that he had received them, either as the one or the other, was not denied. It was proved, even by the defendant’s own witness to the question of interest. But if the defendant sold them either for the plaintiff or on his own account, the debt was so far discharged; and the debtor would be called in for no more than the residue of it. In all besides, therefore, he was a competent witness.
The sale or barter of the stoves was a direct conversion of them, which superseded the necessity of demand and refusal, which is merely evidence of it. Nor was the defendant entitled to storage, having forfeited his right to retain for it, by having dealt with the property as his own. As to the parties to the action, it would seem, from the whole transaction, that Bailey was the beneficial owner of the note; and that Updegrove, of whom we have heard nothing but that he was one of the original payees, had ceased to have an interest in it. That Bailey had it in possession, and treated it as exclusively his own, without interference by Updegrove, might
Judgment affirmed.