[DOWNLOAD] "Henry Trusty v. Carl Jones and Delbert" by Supreme Court of Alaska " eBook PDF Kindle ePub Free

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eBook details

• Title: Henry Trusty v. Carl Jones and Delbert
• Author : Supreme Court of Alaska
• Release Date : January 03, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

NESBETT, Chief Justice. At the Conclusion of plaintiff's evidence in an action in claim and delivery the trial court granted judgment for defendants. The court's action was based on the premise that plaintiff's evidence proved that he had abandoned the caterpillar tractor which he was seeking to reclaim. Plaintiff appealed on the ground that the judgment was against the weight of the evidence. Appellant acquired the machine by purchase in 1953 and loaned it to one Antone in February of 1954. It was damaged while in Antone's possession and a dispute arose over who should pay the repair bill. In June of 1954 appellant commenced a claim and delivery action and by posting bond regained possession from Antone. The machine was not in running condition and appellant had no low-boy with which to transport it, so it was left by the United States Marshal on the highway right of way in front of Antone's property. Appellant had obtained permission from the highway commissioner to leave the cat on the right of way. Appellant's home was located about one mile distant on the same highway. According to appellant, several days after he had thus obtained possession of the cat, Antone dragged it into a side road between Antone's property and that of Jack Kerns, where he turned it over and left it. Appellant found the machine and obtained permission from Kerns to leave it on the latter's property until appellant had repaired it.

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