90 W. Va. 486 | W. Va. | 1922
Defendant, Emmons Coal Mining Company, complains of a judgment entered by the circuit court of Mineral county in an action of trover and conversion of two United States Liberty Bonds. Both John Summerville and the Company were made defendants. The case was tried by Honorable Taylor Morrison, Special Judge, in lieu of a jury; after the testimony was introduced, the defendant company demurred to the evidence. The court dismissed- the' action as to Summerville, overruled the demurrer, and entered judgment against the Company for $104.66.
In July, 1918, the defendant,' Summerville, and plaintiff, Myers, were working for the Company at Bayard, West Virginia, Summerville as superintendent of the Company’s mining operations there and Myers as' blacksmith. On the 31st day of July, plaintiff was arrested, taken 'before a justice in Grant county, fined and required, to give a peace bond in the penalty of $100.00 for the period of' one year. Superintendent Summerville signed the bond 'as' surety and Myers was released. Myers deposited two United States Liberty Bonds of the par value of $50.00 each, as indemnity j to be returned at the end of the year unless the peace bond should be forfeited. It is not clear whether the twb bonds were delivered to Summerville by Myers, or' whether they were deposited by Myers wdth Vernon' Adams, who- was the paymaster, and one of the company’s bookkeepers 'in its office. It is clear, however, that the bonds were, át SuM-nierville’s direction, placed in ah envelope, ‘Myers’''name' was written on it, and the package was deposited 'in the Company’s safe by Adams, and that at that' time Summer-ville told Adams why these bonds were taken and why they' v'ere to be placed in the safe, of which Adams had - charge'. One, I. M. Long, at this time- was also employed in thé' office as manager of the/ Culpepper Supply Company,- and had ae-’ cess to the safe. Just what- the - business- of the Supply
The evidence shows that Myers was a valued employee of the Company, and that at the time Summerville went on his bond, employees were hard to obtain; that Summer-ville had the right to hire men and that he went on the bond, not because of any personal interest in Myers, but solely in the interest of the Company. He does not attempt
Affirmed.