Huron Holding Corp. v. Lincoln Mine Operating Co.

Appellee, claiming ownership of a large quantity of mining machinery, equipment and supplies, sued appellant in the, state court in claim and delivery for the return of the property aiid for damages for its detention. The cause was removed to the federal court on grounds of diversity of citizenship, and on trial* before a jury appellee was awarded judgment for damages in the sum of $6,730.70.

The facts necessary to an understanding of the appeal are these: The chattels were in the possession of appellant’s agent at the Lincoln Mine, in Gem County, Idaho. ■ On June 4, 1936 appellee demanded the property, and on refusal of the agent to give possession this suit was brought. Before it came on for trial, and on October 15, 1937, appellant withdrew all claim to the property and appears to have permitted appellee to remove it. Thus the trial was limited to the inquiry as to the amount of appellee’s damage for the detention.

Appellee produced evidence of the value of the chattels and of their rental value for the period from June 4, 1936 to October 15, 1937. There being no market at the mine, the testimony was as to values at Boise, in an adjoining county. The judgment rendered was…