Tolan v. Hodgeboom

Mrs. Hodgeboom as assignee of her father brought this suit upon the common counts against Tolan for the value of certain wheat her father had raised on shares, and which Tolan, on the claim of having purchased of one Richards, seized and consumed. The evidence is that Tolan made no transfer of any of the wheat and never received any thing for it. He used part of it for seed and applied the rest to domestic uses. If Mrs. Hodgeboom owned it, he was liable for the value-in trespass or trover. He never promised her to pay for it. He based his interference upon his purchase from Richards. The…