Tilden v. Brown
Supreme Court of Vermont
This was an action of trespass on the case, counting, in the first count, in trover, and, in the second, on the special circumstances of the case. Plea, not guilty; issue to the court. On the trial, in the county court, the plaintiff introduced evidence proving the following facts.
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This was an action of trespass on the case, counting, in the first count, in trover, and, in the second, on the special circumstances of the case. Plea, not guilty; issue to the court. On the trial, in the county court, the plaintiff introduced evidence proving the following facts. Previous to December 1st, 1837, he purchased of the defendant all the stage propertj^owned by the defendant on the line between Middlebury ISd Royalton, and, on the 1st day of December, 1837, took a written assignment of a contract to carry the mail, which had been originally made by the defendant with the…
1Opinion of the Court
The opinion of the court was delivered by
Redfiekd, J.
The great question in this case is, whether the plaintiff had any such vested interest in the check as will enable him to maintain an action for its conversion. For if the property in the check had vested in the plaintiff, there can be no doubt he can maintain trover against any one who wrongfully convertsit. It is not the person who last had the manual custody of the paper, or he to whom the check or note is made payable, who is to maintain an action for its conversion, but he who was the legal owner and beneficially interested in the…
2Cases cited1 opinion
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
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