Bishop v. Warner
Supreme Court of Connecticut
This was an action of trover for four leather-top carriages. The defendants pleaded, 1st, the general issue : 2dly, a special plea, alleging, that on the 6th of November, 1846, the defendants, at one and the same time, by one and the same act, took from the possession of the plaintiffs, and converted to their own use, four leather-top carriages, which are the same carriages in the plaintiffs’ declaration mentioned, and ten running gears, or parts of carriages ; that the…
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This was an action of trover for four leather-top carriages. The defendants pleaded, 1st, the general issue : 2dly, a special plea, alleging, that on the 6th of November, 1846, the defendants, at one and the same time, by one and the same act, took from the possession of the plaintiffs, and converted to their own use, four leather-top carriages, which are the same carriages in the plaintiffs’ declaration mentioned, and ten running gears, or parts of carriages ; that the plaintiffs afterwards, at the county court holden at Litchfield, on the third Tuesday, of December, 1846, impleaded A. C.…
1Opinion of the CourtHinman, J.
The motion asks for a new trial, on the ground, that the verdict is against the evidence in the cause. It is claimed to be so, in several particulars.
1. It is insisted, that the witnesses, principally relied on, by the plaintiffs, to make out their case, namely, Scovill, Lang don and Blakeslee, really prove, that the mortgages, under which the plaintiffs claim title, are void ; as having been given to secure only the conditional liabilities of the mortgagees ; and as they purported only to secure an absolute note for 6000 dollars, they were, within the principle of Sanford v. Wheeler, 13…
2Cited by4 opinions
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