Joseph McKenna

“ The commission company was therefore put upon notice that the production of the books themselves would be insisted on. The notary was not trying the case, and before the court and jury who were trying it the objection to the copies of the entries were renewed. We think that the books should have been produced. They were intended as independent evidence,-independent of the witness from whose returns they were made. But if it should be granted their exclusion was error, it is difficult to see how the commission company was prejudiced. ”

“ As to the sufficiency of the evidence to justify the verdict, we may say that we agree with the courts below. Upon the questions of fact presented the evidence was so far conflicting as to remove the verdict of the jury and the action of the lower courts from reversal by an appellate tribunal. The issue between the parties was clearly defined. Edmisson had become indebted to the commission company in large amounts of money, secured by certain notes and chattel mortgages on the cattle which are the subject of the action. ”

“ They were not entries of any transaction relating to the cattle between the commission company and Edmisson. They were entries of sales made by the commission company after the cattle had been delivered to its agent and shipped to it by that agent.
3. Error is assigned upon the instruction of the court that, if the jury found a conversion of the property, 7 per cent interest should be added to its value from the time of its conversion. The contention is that interest can only be given in actions by a creditor against a debtor, and that § 2615 of the Oklahoma Statutes of 1893 controls. ”