Ayres v. French
Supreme Court of Connecticut
Trover, for a quantity of manufacturing stock, with counts in case for a fraudulent procurement and conversion of the stock and for a tortious conversion of stock received by the defendant as collateral security; brought to the Superior Court in Hartford County. The count in trover was in the ordinary form, describing the stock as lost by the plaintiff and found by the defendant.
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Trover, for a quantity of manufacturing stock, with counts in case for a fraudulent procurement and conversion of the stock and for a tortious conversion of stock received by the defendant as collateral security; brought to the Superior Court in Hartford County. The count in trover was in the ordinary form, describing the stock as lost by the plaintiff and found by the defendant. The second count was as follows : That on or about the 1st day of November, 1866, the plaintiff and defendant were each owners of a large amount of the capital stock of the National Screw Company, a corporation…
1Opinion of the CourtPark, C. J.
The objection taken to the sufficiency of the first count is founded upon the idea that trover will lie only for property that is tangible and that will admit of being taken into actual possession. This claim is undoubtedly supported by the older authorities. A majority of the court however are of opinion that at the present time, when the action of trover is diverted from its original object of recovering the value of goods lost by the plaintiff and found by the defendant, and all the allegations with respect to such loss and finding are merely fonnal and unmeaning, there is *150no good reason…
2Cases cited4 opinions
- North v. ForestSupreme Court of Connecticut · 1843
- Amory v. FlynNew York Supreme Court · 1813
- Tucker v. JewettSupreme Court of Connecticut · 1865
- Skillenger v. BoltSupreme Court of Connecticut · 1814
3Cited by27 opinions
- Drug, Inc. v. HuntSupreme Court of Delaware · 1933
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- Payne v. ElliotCalifornia Supreme Court · 1880
- Rogers v. Virginia-Carolina Chemical Co.Court of Appeals for the Third Circuit · 1906
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