Howe v. Clancey
Supreme Judicial Court of Maine
On Exceptions from JJisi JPrius, Walton, J., presiding. Assumpsit for money had and received. The specification under the money count was as follows : " For specification of the claim to be proved under the money count, the plaintiff says that, on the sixteenth day of November, 1862, she owned and was possessed of $630 in gold coin, which she had in a tin box, buried in the earth, in the cellar of' her dwellinghouse, in Lewiston, in the said county of Androscoggin; and that,…
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On Exceptions from JJisi JPrius, Walton, J., presiding. Assumpsit for money had and received. The specification under the money count was as follows : " For specification of the claim to be proved under the money count, the plaintiff says that, on the sixteenth day of November, 1862, she owned and was possessed of $630 in gold coin, which she had in a tin box, buried in the earth, in the cellar of' her dwellinghouse, in Lewiston, in the said county of Androscoggin; and that, between that day and the fourteenth of February, 1863, the said Claneey took said money and carried it away, and…
1Opinion of the CourtDavis, J.
By chapter 102 of the laws of 1844, incorporated into the Revised Statutes, chapter 120, section 12, it is provided that " an action for the recovery of property stolen may be maintained by the owner against the person liable therefor, although the thief is not convicted.”
If the law was ever different, as seems to have been supposed in the case of Foster v. Tucker, 3 Maine, 458, it was changed by this statute.
When specific articles have been stolen, and have not been converted into money, it may be that the remedy is by an action of trespass, or case, instead of by an action of as-sumpsit.
But…
2Cited by5 opinions
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