Virginia Timber & Lumber Co. v. Glenwood Lumber Co.

Action to recover damages for the alleged wrongful conversion of personal property.

The action was tried with a jury, and a verdict rendered for plaintiff in the sum of $1,625.59, for which judgment was entered. This is an appeal from the judgment on the judgment-roll and a bill of exceptions.

The plaintiff alleges that on or about the fifteenth day of July, 1903, it was the owner and entitled to the possession of a lot of lumber described in the complaint, and that defendant at said time wrongfully converted the same to its use, to the damage of plaintiff in the sum of $2,000, for which amount judgment is prayed.

In support of- the complaint the plaintiff, under proper objections on the part of defendant, was allowed to introduce evidence tending to show that, between the first day of May and the first day of July, 1903, it sold and delivered the lumber to one Routt on credit; and that it has not been paid for said lumber; that at the time Routt purchased the lumber he was doing business under the name of the San Jose Lumber Company and had his office with defendant, and used its yard in which to pile the lumber; that the lumber was hauled from the railroad depot with…