Kimball v. Billings
Supreme Judicial Court of Maine
On Report. Trover for the conversion of four hundred dollars of U. S. 7-30 treasury notos, Nos. 54,969, 73,089, and 73,090, each of the denomination of $100, with interest coupons attached, and Nos. 44,434 and 44,435, of the denomination of $50, with interest coupons attached. Writ dated May 12, 1864. Plea general issue. William H. Kimball* called by the plaintiff, testified : — ■ Lived with the plaintiff, my mother, in Gardiner, in 1862, 3 and 4. Capt.
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On Report. Trover for the conversion of four hundred dollars of U. S. 7-30 treasury notos, Nos. 54,969, 73,089, and 73,090, each of the denomination of $100, with interest coupons attached, and Nos. 44,434 and 44,435, of the denomination of $50, with interest coupons attached. Writ dated May 12, 1864. Plea general issue. William H. Kimball* called by the plaintiff, testified : — ■ Lived with the plaintiff, my mother, in Gardiner, in 1862, 3 and 4. Capt. N. Kimball was my father. Knew all about the bonds. There were $3400 in bonds in a private safe in the house, in Eeb., 18G3. Was in the habit…
1Opinion of the CourtWalton, J.
It is no defence to an action of trover that the defendant acted as the agent of another. If the principal is a wrongdoer, the agent is a wrongdoer also. A person is guilty of a conversion who sells the property of another, without authority from the owner, notwithstanding he acts under the authority of one claiming to be the owner, and is ignorant of such person’s want of title. Story on Agency, §§ 311 and 312, and authorities there cited; Coles v. Olark, 3 Cush., 399.
If, therefore, it be true, as the defendant says, that, in selling the bonds sued for in this case, he acted as the agent or…
2Cited by13 opinions
- Swim v. WilsonCalifornia Supreme Court · 1891
- First National Bank of Blairstown v. GoldbergSupreme Court of Pennsylvania · 1940
- Gruntal v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1930
- Brown v. James H. Campbell Co.Supreme Court of Kansas · 1890
- Semple v. MorgansternSupreme Court of Connecticut · 1922
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