Starkweather v. Prince
District of Columbia Court of Appeals
STATEMENT OF THE CASE. This was an action in trover for a pair of horses, a buggy, harness, &c., tried before the chief-justice at the last January term of the circuit court.
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STATEMENT OF THE CASE. This was an action in trover for a pair of horses, a buggy, harness, &c., tried before the chief-justice at the last January term of the circuit court. The plaintiff introduced in evidence the following written paper: “Washington, March 20,1871. “ Know all men by these presents that I, M. H. Prince, of the city of Washington, D. C., have this day bought of E. G. Starkweather one reversible buggy, one set double harness, shaft and pole, one set single harness, two gents’ and one lady’s saddle, and bridle, carriage and stable blankets, two whips, mat, and two lap-robes,…
1Opinion of the CourtCartter, C. J.
We think this action was properly brought in trover. The contract in effect is that the property was to be returned to the plaintiff upon his paying the $400 with interest and expenses of livery within a period of six months. If a tender was made within that time of all that was due the defendant, and he refused to redeliver the property, or had disposed of it by sale to other parties, this undoubtedly amounted to a conversion. By the latter act he was unable to comply with his express agreement to return it. (Sargeant vs. Blunt, 16 John., 73.)
Under our present law the contract on its face…
2Cases cited1 opinion
- Norval v. CornellNew York Supreme Court · 1819