Ashmead v. Kellogg
Supreme Court of Connecticut
This was an action of trover, for a schooner, called the General Morgan, tried by the jury, at the term of the superior court for Hartford county, holden in September, 1853. On the trial, the plaintiffs gave in evidence a mortgage deed of said schooner, admitted to have been executed by the defendant, and delivered to the plaintiffs, to which the following condition and stipulations were annexed: “ If I shall and do well and truly pay unto the said parties of the second…
Read the full summary
This was an action of trover, for a schooner, called the General Morgan, tried by the jury, at the term of the superior court for Hartford county, holden in September, 1853. On the trial, the plaintiffs gave in evidence a mortgage deed of said schooner, admitted to have been executed by the defendant, and delivered to the plaintiffs, to which the following condition and stipulations were annexed: “ If I shall and do well and truly pay unto the said parties of the second part, their executors, administrators, or assigns, the just and full sum of three thousand dollars, lawful money of the…
1Opinion of the CourtStorrs, J.
On the facts appearing in this case, two points have been presented. First, whether the plaintiffs had a sufficient title to the property in question, to maintain this action; and secondly, whether there was a wrongful conversion of it, by the defendant, to his own use.
Respecting the latter of these questions, it is too obvious to require argument, that, if the plaintiffs had a sufficient title *75to the property, when it was sold by the defendant, such sale constituted a wrongful conversion of it, by the latter. It was an unauthorized deprivation of the plaintiffs of their property, and a…
2Cited by14 opinions
- Cone v. IvinsonWyoming Supreme Court · 1893
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Barker v. S. A. Lewis Storage & Transfer Co.Supreme Court of Connecticut · 1906
- Mahaney v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
- Burton v. RandallCourt of Appeals of Kansas · 1896
9 more not listed; retrieve them via the Exa API.