Kronick v. Sullivan

HOOD, Associate Judge. Appellant brought an action in the nature of detinue for recovery of two rings in the possession of the property clerk of the Metropolitan Police Department of the District of Columbia. When suit was filed and trial was had appellant was confined in prison in the State of New York, and his case was presented by answers to written interrogatories and cross-interrogatories, and certain correspondence with and admissions by appellee. His evidence tended to prove the following facts. Appellant purchased the two rings, one a diamond solitaire and the other a dinner ring, about April 1, 1949, from one Katz, a diamond broker, who was one of a group who congregated on the sidewalks of the Bowery near Canal Street in the City of New York and engaged in the sale of jewelry. He paid $900 for the rings and received from Katz a bill of sale to Daniel Mills, an alias then used by appellant. This bill of sale was destroyed by appellant in August 1949 when he found it necessary to destroy all identification under his alias. The rings were purchased by appellant as an intended gift to a lady in Georgia to whom he was then engaged, but the engagement was broken and the gift was not made. In March 1949 appellant had met a Miss Woodward. He became friendly with her and on two occasions in July borrowed money from her which he repaid. About August 2 he met Miss Woodward in Washington and loaned her the rings. He did not give them to her but let her have them only for the pleasure of wearing them. He had not seen or heard from her since August 7, but he was informed by appellee that Miss Woodward had delivered the rings to the police department and had signed a statement to the effect that she had no claim to them and desired that they be returned to the rightful owner.