Sinclair v. Jackson
Supreme Judicial Court of Maine
This was an action of Trover for $70 in bank bills. The defendant pleaded the general issue. The loss of the bills was proved by the plaintiff’s own testimony.
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This was an action of Trover for $70 in bank bills. The defendant pleaded the general issue. The loss of the bills was proved by the plaintiff’s own testimony. The plaintiff introduced James Conner, who testified, that he, one Oostellow and the defendant, by preconcert, went to the house of the plaintiff in the night of Sept. 22, 1853, armed with knives and a club, for the purpose of getting the bills; that witness and the defendant stood at the outside door, and Oostellow opened the door, which was not locked, went in and brought out a trunk' containing the bank bills; that they opened the…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
Trover for a quantity of bank bills. Plea, general issue.
There was evidence in the case tending to show that the defendant, with others, obtained possession of the bills by an act of larceny. In view of this testimony, the presiding Judge was requested to instruct the jury, that it was incumbent on the plaintiff to prove, beyond a reasonable doubt, that the defendant was guilty of stealing the bills, or of participating in the larceny of them, before the plaintiff would be entitled to the verdict. . This instruction was not given.
In the case of…
2Cited by6 opinions
- Jack Stanley, Thomas A. Warren, Isom Meyers, and Hubert Stanley v. United StatesCourt of Appeals for the Sixth Circuit · 1957
- State v. HumeSupreme Judicial Court of Maine · 1951
- Flannery v. PeopleIllinois Supreme Court · 1906
- Sprague v. DodgeIllinois Supreme Court · 1868
- Burr v. WillsonSupreme Court of Minnesota · 1875
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