Avery v. Clemons
Supreme Court of Connecticut
This was an action of trover, for a one-horse wagon and harness, against Abel II Clemons, Edward Woodruff and Frederick Frisbie, The defendants pleaded the general issue, with notice of special matter to be given in evidence.
Read the full summary
This was an action of trover, for a one-horse wagon and harness, against Abel II Clemons, Edward Woodruff and Frederick Frisbie, The defendants pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried, at Litchfield, February term 1847, before Waite, J. On the trial, it was proved, that the wagon described in the plaintiff’s declaration, was attached, while in the possession of Horace B. Simmons, as his property, by Woodruff, one of the defendants, and a constable of the town of Litchfield, by virtue of a writ in favour of Clemons, another…
1Opinion of the CourtStorks, J.
The evidence offered by the defendants, on the trial, and received by the court below, was, in our opinion, *309clearly admissible, for the purpose of proving that Simmons f ’ , . . ? . , was the owner ot the property m question, when it was taken under the attachment of Clemons. It showed those acts on the part of Simmons, while he was in the possession of it, which naturally and usually flow from and accompany the ownership of personal property; and therefore, tended to evince such ownership ; and his declarations accompanying those acts, were admissible, for the purpose of showing their true…
2Cited by19 opinions
- Starkweather v. ConnerArizona Supreme Court · 1934
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
- National State Bank of Mt. Pleasant v. RickettsCourt of Appeals of Texas · 1912
- Redfield v. BuckSupreme Court of Connecticut · 1868
- Engel v. ContiSupreme Court of Connecticut · 1905
14 more not listed; retrieve them via the Exa API.