Willet v. Willet
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. This was an action of assumpsit by John Willet against William Willet to recover the price of a gun and a horse. The testimony exhibited the facts, that the gun aud the horse were in the possession of the defendant, and were claimed by the plaintiff.
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ERROR to the common pleas of Alleghany county. This was an action of assumpsit by John Willet against William Willet to recover the price of a gun and a horse. The testimony exhibited the facts, that the gun aud the horse were in the possession of the defendant, and were claimed by the plaintiff. The court instructed the jury that if they believed the property belonged to the plaintiff, they might presume, without proof of a demand, a sale by the plaintiff to the defendant, so as to enable him to recover the value of the property in this action,
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is the ordinary case of an action for the illegal detention of a personal chattel, for which trover is the proper remedy. But to support assumpsit, the form of action which the plaintiff thought proper to adopt to try the right of property, the court instructed the jury that they might presume a sale by the plaintiff to the defendant. I cannot perceive, nor has the counsel attempted to point out, the slightest testimony by which the jury would be warranted in making any such presumption. On the argument this ground wa.s abandoned, and…
2Cited by15 opinions
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- Watson v. SteverMichigan Supreme Court · 1872
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- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Fuller v. DurenSupreme Court of Alabama · 1860
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