Walker
Walker v. Mathews
Opinion
Lead Opinion
Hart, J.
The plaintiffs brought this action to recover from the defendant certain personal property or for judgment in the sum of $700, the alleged value thereof, the complaint charging that the defendant wrongfully obtained and likewise still retains the possession of certain cooking and kitchen utensils, consisting of a range, dishes, knives, forks, “counter tools,” cash register, and “all restaurant equipment formerly used in the operation of a restaurant and lunch counter,” the property of plaintiffs. The defendant, by answer, denied the allegations of the complaint, and, by way of special defense, alleged that the said property belonged to him; that the plaintiffs had wrongfully deprived him of its possession and - still wrongfully withhold possession thereof from him; that the property, when so wrongfully taken from his possession, was used by bim in the carrying on of a restaurant, and that the wrongful acts of plaintiffs in so taking from him and detaining said property had caused him to suffer damage in the sum of $500. He asked for a judgment restoring to him the possession of said property, or, in lieu thereof, for the sum of $700, the alleged value thereof, and for damages in…