Courtis v. Cane
Supreme Court of Vermont
Trover for a quantity of dress silk goods. Plea not guilty and trial by jury at the March Term, 1859, — Barrett, J., presiding.
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Trover for a quantity of dress silk goods. Plea not guilty and trial by jury at the March Term, 1859, — Barrett, J., presiding. The plaintiff gave evidence tending to show that liis store in Boston, Massachusetts, was broken open on the night of November 22d, 1855, and that a large quantity of dress silks belonging to him were stolen therefrom, and that the defendants, who were merchants and partners trading in silks and other fancy goods, in the city of New York, and at the same time engaged in peddling in Vermont, about the first of March, 1856, sold at Waterbury, in this State, some of the…
1Opinion of the CourtPoland-, J.
The jury have found that the goods for which the suit was brought were stolen from the plaintiff, and that he never parted with his property in them. The defendants claim that they purchased them honestly of Strauss & Son in New York. If this were so, the defendants gained no title by the purchase, because Strauss & Son could convey none; the sole title was in the plaintiff. The thief, whoever he might be, could convey no title because he had none, and the same difficulty would continue to exist in all subsequent sales of the property, deriving title from this source. An honest purchaser…
2Cases cited5 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Bristol v. BurtNew York Supreme Court · 1810
- Grant v. KingSupreme Court of Vermont · 1842
- Hoffman v. CarowNew York Supreme Court · 1838
- Riford v. MontgomerySupreme Court of Vermont · 1835
3Cited by8 opinions
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Velsian v. LewisOregon Supreme Court · 1888
- Mier v. Southern California Ice Co.California Court of Appeal · 1922
- Wing v. MillikenSupreme Judicial Court of Maine · 1898
- Clark v. WhiteusSupreme Court of Oklahoma · 1918
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