Ruzanoff
Ruzanoff v. Retailers Credit Assn.
Opinion
lead Opinion
Finch, J.
The plaintiffs brought this action for the recovery of personal property.and fixtures or their value, if delivery could not be had, and damages for the detention thereof. After the case was tried and submitted, the court, on motion of counsel for the plaintiffs, ordered that the prayer of the complaint be amended by striking therefrom the demand for the recovery of the property or its value in case delivery could not be had.
The court found in substance: That at the times mentioned in the complaint the plaintiffs were entitled to the possession of such property, consisting of “1 ice box, 1 cash register, 1 counter, 1 glass case, 2 scales, 1 meat block and 1 bread box”; that December 29, 1926, the defendant wrongfully took possession of the property and “refused to deliver said property to -plaintiffs, and still refuse to do so; . . . that plaintiffs used said personal property and fixtures to carry on and conduct a general grocery business; that by reason of the wrongful taking of the possession of said personal property . . . and the continued withholding of the possession of the same by defendant” plaintiffs were damaged in the sum of $450. Judgment for that sum was entered in…