Al G. Barnes Shows Co. v. Toyo Kisen Kaisha Oriental Steamship Co.

This action was brought by Al G. Barnes Shows Company, a corporation, against the Toyo Kisen Kaisha Oriental Steamship Company, D. W. Callahan and Stewart Tait, for three elephants, one tiger, twenty-five monkeys, one dog, and one king cobra snake, then in possession of the steamship company. Defendants Callahan and Tait were joined as defendants because they claimed an interest in the animals. All of the animals were delivered to plaintiff under claim and delivery proceedings, and used in its circus. Defendant Callahan did not answer, the Steamship Company filed a disclaimer, and defendant Stewart Tait filed an answer and counterclaim and later a supplemental answer, which was amended. His answers denied all the allegations of plaintiff’s complaint. In his counterclaim he set up ownership in himself of the elephants and monkeys, and asked for their restoration, or, if that were impossible, for $5,175, their reasonable value; also for $5,000 exemplary damages, and for costs of suit. The supplemental answer alleges the withholding and use by plaintiff of the animals since seizure, and the death, since the commencement of the suit, of all of them but one elephant. After demurrer to…