Fowler v. Gilman
Massachusetts Supreme Judicial Court
Trover for a wagon. At the trial in the court of common pleas, before Washburn, J. there was evidence tending to show that one Orfut, under whom the defendant claimed title to the wagon, bargained the same to Henry Fowler, under whom the plaintiff claimed it, the bargain being that the wagon should be said Henry’s upon his paying a certain price ; that .Orfut sold his interest in the wagon to the defendant, who had knowledge of the aforesaid bargain, and that said Henry sold…
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Trover for a wagon. At the trial in the court of common pleas, before Washburn, J. there was evidence tending to show that one Orfut, under whom the defendant claimed title to the wagon, bargained the same to Henry Fowler, under whom the plaintiff claimed it, the bargain being that the wagon should be said Henry’s upon his paying a certain price ; that .Orfut sold his interest in the wagon to the defendant, who had knowledge of the aforesaid bargain, and that said Henry sold his interest in the wagon to the plaintiff; that said Henry made several payments towards the agreed price; and that…
1Opinion of the CourtShaw, C. J.
It appears to us that the jury should have been instructed to deduct the fourteen dollars from the value of the wagon, in case of a verdict for the plaintiff. No doubt the true general rale of damages, in trover, is the value of the goods at the time of conversion, with interest. Kennedy v. Whitwell, 4 Pick. 466. This rule applies where the plaintiff is the general owner, or is answerable over to others. But where the plaintiff admits that the defendant has a lien on the property, to a certain amount, that amount may be deducted by the jury, in assessing damages. Green v. Farmer, 4 Bur. 2214,…
2Cases cited1 opinion
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1860
3Cited by2 opinions
- Kuzemka v. GregorySupreme Court of Connecticut · 1929
- Wagner Chisholm v. DunhamCourt of Appeals of Texas · 1923