The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-01-02
COMPANY A
CASE0RDERED
TRIED AGAIN
Supreme Court Sends Matter
Back For New Trial on
Evidence Ruling
FIND CONVERSION
Say Personal Property of
Arm0ry in Bismarck was
Wrongfully Taken

Wrongfully Taken
Verdict given Company A, Ma
tional Guard Training School, Bis
marck. against e. A. Hughes for
alleged conversion Of personal pro-
perty in the Bismarck Armory
was reversed by the supreme court,
In a decision handed down today.
The case was remaneded to the
Burleigh district court for new
trial.
The court. in it's decision, held
that testimony by Capt. A. B.
Welch and H. T. Langley as to the
value OF the lockers, chairs. piano
and other property alleged con-
verted was improperly admitted,
and they showed lack. of correct
knowledge as to values. The de-
cislon held the trial judge, who
was Judge Coffey, was correct in
denying the defendants motion
Tor directed verdict, stating that
there was evidence of conversion
produced. The jury gave Company
A verdict for $4,000. It had
sued for $7.100.
Judges Bronson and Grace dis
sented.
The supreme court, in an opinion
IN which the court divided on a
question as to the admission of GER
tain evidence in the case of Com
pant A, First Regiment, North Da-
kota National Guard Training School
against Edmund A. Hughes, held:
l. Agreed that there was evidence
sufficient to show conversion of
property of Company A in the old
armory in Bismarck by Mr.. Hughes.
2. Divided three to two on the
question of whether Capt. A. 4.
Welch and H. L. Langley gave COM
petent testimony and it was proper
~ received on the matter of values
Of the property. @
3. Remanded the case to the Bur-
leigh district court for new trial.
Company A had been given a judg-
ment against Mr.. Hughes by jury
in the district court here for $4,000,
for conversion of steele lockers, roll
ler skates, piano, ETC., when the de-
fendant took over the armory, with
interest at G per cent since October
1, 1917.
The syllabus in the case said: (D
In an action for the conversion of
personal property, the evidence is
examined and it is held sufficient
to support finding of conversion.
(2) Witnesses who were members
and directors Of corporation are
not, by virtue of that fact alone,
qualified to testify as to the value of
property of the corporation which
it is alleged to have been converted.
The majority opinion, written by
Judge Birdzell and signed by Judge
Christianson and Judge Robinson,
said that Judge Coffey properly de-
MED the motion of the defense for
a directed verdict in the case.
eve are of the opinion that no
error was committed in the denial CT
the defendants motion for a directed
verdict" the opinion reads. "There
is affirmative evidence in the record
to the effect that the defendant, in
order to regain possession of the
building from one O'Connor, to whom
he had leased it, paid him a cash
bonus, and authorized him to take
from the building about 20 chairs
and a piano. The defendant disputed
this, but he testified he made a deal
with Capt. J. w. Murphy, whereof?
he purchased the lockers for the
Bealah Coal Mining Co. -. If it
is assumed (though we do not so
decide) that Capt. Murphy had au-
thority to dispose of plaintiffs per-
sonal property, obviously, this au
thority was not, under the evidence
in this case, exercised further than
to dispose of the lockers to the de-
fendant. As the defendant himself
has testified to the unauthorized
taking of the water tank, and as
other witnesses for the plaintiff
have testified to the taking and dis
posal of other property under the
defendants direction, the evidence
is clearly sufficient, in our opinion,
to support a finding in conversion
The defense objected in the case
to evidence of Capt. Welch and Mr..
Langley as to the value of the ar
ticles. The Company A attorneys
insisted they came within the rule
that an owner may testify as to the
value of his property, but the su.
preme court majority opinion said
lit did not consider the testimony
came within the rule.
Judge Bronson, dissenting, said:
"I am of the opinion that the judg-
ment should be affirmed. concur
in the majority opinion to the ex'
tent that it holds the evidence suf.
ficient to support the jury's find
ings of the conversion. I disagree
with the majority opinion concern
the admissability or competency Of
the testimony of the witnesses Capt
Welch and Langley"
Judge Bronson said the highest
amount Of values testified to was
$7,1OO, and that the jury found ,
verdict for $4,000. Judge Grace con
Cured in part and dissented in part
on the same lines as Judge Bronson
PAYS OFF BONDS
County Treasurer J. A. Flow ha!