Curtis v. Ward
Supreme Court of Connecticut
This was an action of trover for the conversion of a large quantity of spectacles and silver spoons. At the term of the superior court, holden at Hartford, in September 1840, the defendants were defaulted and heard in damages. Upon such hearing, it was admitted, that the goods were taken by order of the defendant Ward, (Smith, the other de- fendant, acting as his agent,) and were never returned to the plaintiff.
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This was an action of trover for the conversion of a large quantity of spectacles and silver spoons. At the term of the superior court, holden at Hartford, in September 1840, the defendants were defaulted and heard in damages. Upon such hearing, it was admitted, that the goods were taken by order of the defendant Ward, (Smith, the other de- fendant, acting as his agent,) and were never returned to the plaintiff. In mitigation of damages, the defendants offered evidence to prove, that Ward procured a writ of attachment, in an action of book debt, in his favour against Curtis, the present…
1Opinion of the CourtWaite, J.
Ward, the principal defendant, in this case, brought an action against the plaintiff, and caused the goods to be attached, and taken into the custody of the officer. Some two months afterwards, that attachment was abandoned, the endorsement of service erased from the writ, a new attachment and service made, and the writ, with the en* dorsement of the last service, was returned to court. Having obtained judgment in his suit, he caused the goods in question to be taken and disposed of according to law, and the proceeds to bé applied in satisfaction of that judgment. *207The present plaintiff then…
2Cases cited2 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Higgins v. WhitneyNew York Supreme Court · 1840
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- Ball v. . LineyNew York Court of Appeals · 1871
- Ward v. FellersMichigan Supreme Court · 1854
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- Eldridge v. HoeferOregon Supreme Court · 1904
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