Crouch v. Carrier
Supreme Court of Connecticut
This was an action of trespass, against Ozem Carrier and Amos D. Niles, for the taking of a yoke of oxen, claimed by the plaintiff as his property.
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This was an action of trespass, against Ozem Carrier and Amos D. Niles, for the taking of a yoke of oxen, claimed by the plaintiff as his property. The cause was tried at Norwich, March term, 1844, before Church, J. The plaintiff claimed title to the oxen in question, by virtue of a sale thereof from Henry M. Holdridge, by his agent Henry Holdridge, on the 28th of March, 1842. The only witness offered by the plaintiff in support of his claim, was said Henry Holdridge, who testified as follows: That he, with his son Henry M. Holdridge, occupied a farm in Colchester, belonging to the defendant…
1Opinion of the CourtChurch, J.
In considering this motion, we shall confine ourselves to that part of the plaintiff’s case, which was proved by his own witness, Henry Holdridge, and not disputed by the defendants; and thus avoid any inquiry into the weight of conflicting evidence.
It is to be presumed, that this witness stated the facts as favourably for the plaintiff as truth would justify. The oxen in dispute had been purchased of the plaintiff, by Henry M. *510Holdridge, and placed upon the farm in the joint occupancy of himself and his father, the witness, and, together with other cattle there, had been used in the…
2Cited by4 opinions
- Norton v. DoolittleSupreme Court of Connecticut · 1865
- Brown v. Federal Surety Co.Montana Supreme Court · 1932
- White v. O'BrienSupreme Court of Connecticut · 1891
- In re HollisterDistrict Court, D. Connecticut · 1944