Hand
Hand v. Scodeletti
Opinion
Lead Opinion
Temple, J.
This action is for the wrongful conversion of goods which plaintiff alleges composed the stock of plaintiff in a merchant tailoring 'business.
The complaint contains two counts or causes of action. The first is the usual complaint for conversion. In the second it is averred, in substance, that in May, 1896, plaintiff was carrying on the business of a merchant tailor in order that her family, consisting of her husband and six children, might be supported, and that while she was so conducting said business the defendants wrongfully entered into her store, took possession of her stock of goods, drove her agent from the store and closed the same, "whereby, and by reason whereof, plaintiff has been deprived of conducting her said business and the means of earning a livelihood for the support of herself and family, to her damage in the special sum of five hundred dollars.”
A general demurrer was interposed to the complaint for want of facts, which was properly overruled, as there can be no doubt that the first count does state a cause of action. It was not necessary to aver in that count that the property was plaintiff’s separate property, for in that count it does not appear that…