Legal Opinion

Rogers v. Thomas

Supreme Court of Connecticut

Decided July 15, 1849PublishedCited by 7 opinions

This was an action of trover, for a quantity of lumber; tried at New-London, on the general issue, September term, 1849. The plaintiffs claimed to have proved, that they sold the lumber described in the declaration, to Edward C. Moulton, a house carpenter and builder, who purchased it to be used in the construction of an academy at Danielsonville, on which he was engaged ; that the lumber was to be transported thither on the Norwich and Worcester Rail-road, and was taken…

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This was an action of trover, for a quantity of lumber; tried at New-London, on the general issue, September term, 1849. The plaintiffs claimed to have proved, that they sold the lumber described in the declaration, to Edward C. Moulton, a house carpenter and builder, who purchased it to be used in the construction of an academy at Danielsonville, on which he was engaged ; that the lumber was to be transported thither on the Norwich and Worcester Rail-road, and was taken from the lumber-yard of the plaintiffs in Norwich to the rail-road depot in that city, by a carman employed by the…

1Opinion of the CourtStorrs, J.

The question here presented, is, whether the plaintiffs had a right to exercise the right of stoppage in tran-as to the goods for the conversion of which this action is brought: if they had, there is no doubt that, by doing so, they acquired a title to the property, which would prevail against the attachment of it, by the defendant, on behalf of a creditor of the vendee.

It is material to observe, that this case is quite distinguishable from those cases in which a vendor of goods retains them, in consequence of a fraud having been practised by the vendee, in the purchase of them; and also from…

2Cited by7 opinions

  1. O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
  2. Babcock v. . BonnellNew York Court of Appeals · 1880
  3. I. Blum & Co. v. MarksSupreme Court of Louisiana · 1869
  4. Benedict v. SchaettleOhio Supreme Court · 1861
  5. Reynolds v. Boston & Maine RailroadSupreme Court of New Hampshire · 1862

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