Supreme Court of Vermont April 15, 1836 (Rice v. Clark)

The opinion of the court was delivered by

Redfielb, J.

The only question in this case is, whether the *110testimony given bad any tendency to show a conversion of the by the defendant. 'It is very well settled that a demand and refusal, when the defendant has it not in his power to deliver the property is no evidence of conversion. — Smith vs. Young, 1 Camp. 439.