"In fact, the evidence shows beyond question that Andersen, Meyer never authorized the issuance of the Chinese godown order and that the only order which that company ever issued or authorized, with respect to these 15 tons of copper was a Delivery Receipt" which the defendant issued to Bucksian Wong on April 30, 1925, when he took constructive delivery of the 20 tons of copper therein described, Plaintif, therefore, if he is entitled to recover} as against this defendant, must recover, if at all, upon an action in trover or for conversion—that is to say, upon proof that plaintiff was the owner of the 15 tons of copper in defendant's godown from and ter May 8, 1925, or that he entitled to immediate possession of the same.
"The remainder of the opinion taken up with a learned discussion, of the law relating to the attributes of title to personal property. "Tt well recognized principle of law" says a portion of the opinion, "that tone who seeks to recover in trover or for conversion, must prove that he was in actual' possession of the chattel converted at the time of] conversion, or that he had the right ite possession thereof, and paper marks in the full amount specified in the cash surrender value for the fourth year of the policy. Holding as I do that there has been no breach of contract by the defendant, it becomes unnecessary for} me to pass upon the question of damages which plaintiff claims he sustained by reason of the failure jof the defendant to perform his contract.
"It is therefore ordered and adjudged that the plaintiff take nothing by this action, and that the defendant have and recover its costs herein." sion depends on a property in the] chattel, either general or special, he
Text read from the printed page and cleaned; old type leaves the occasional error.