46 Mo. App. 313 | Mo. Ct. App. | 1891
In December, 1887, plaintiff was in Kansas. He employed one Abbott to take a team of horses with harness to the state of Illinois. When Abbott reached Harris on ville, Missouri, he sold the property to defendant, the latter believing Abbott to be the owner. When plaintiff learned several weeks afterward that Abbott had sold the property he went to Harrisonville, and demanded his property. Defendant refused to deliver, whereupon plaintiff began a suit in replevin, but it seems that defendant put the property out of his possession so that it was not found by the officer; thereupon plaintiff dismissed the replevin, and began the present action for conversion.
Defendant contends here that since plaintiff placed the property in the possession of his hired man, Abbott, and that he bought of Abbott, honestly believing him to be the true owner, he should now be protected. This will not do. Abbott was a mere bailee, and that the relation does not authorize or empower him to convey a good title against the true owner is too plain to require discussion.
II. When the horses were purchased by defendant they were lean, and in poor condition. At the time they were demanded by plaintiff they were much improved in flesh and strength. This has brought about a contention between the parties as to the measure of damages. The trial court instructed the jury to fix the value at’the time of demand. Defendant says the conversion took place when he purchased, and that the value at that time with six-per-cent, interest is the true measure of damages. Our opinion is with the trial court. Much discussion is found in the books as to the measure of damages for the conversion of chattels where addition has been made to the value since the original conversion. The case of Wetherbee v. Green, 22 Mich. 311,
If the plaintiff had not chosen • to assert his ownership to the specific property as improved, or in its improved state, a different question would have arisen, and much of the authority relied upon by defendant would be applicable to that state of case ; for it will be noticed that we have not said anything to militate against the rule that the measure of damages in trover
The judgment is affirmed.