Stanley

This action was brought to recover damages for the alleged conversion of a team of horses, a wagon, and a set of harness, which it was alleged were of the value of five hundred dollars. Judgment was for the defendant. The plaintiff has appealed.

Plaintiff was the widow of her intestate. The husband died November 19, 1919, leaving surviving him, besides plaintiff, several minor children, the eldest of whom was a son about the age of eighteen years. The only property owned by the husband at the time of his death was that mentioned in plaintiff’s complaint. The team and wagon had been used by the husband and father to aid in providing support for the family, in which endeavor he was assisted by the son mentioned. After his death the boy assumed the responsibility of earning a livelihood for the family and continued to use the team and wagon for such purpose. About the 1st of February, 1920, he arranged with two men, close relatives of his, to enter into a business partnership to do hauling. It was agreed that they should purchase a motor-truck. It was further arranged that the team and wagon hereinbefore referred to, together with a similar outfit owned by his associates, should be…