Howes v. Shed
Supreme Judicial Court of Maine
This was debt for a penalty incurred under Stat. 1821, ch. 168, sec. 1, for unlawfully converting to the defendant’s own use a log of the plaintiffs, lying in Penobscot river. At the trial before Perham J. in the Court below, the plaintiffs proved that one Patten, seeing the log floating down the river, conveyed it on shore, and sold it to the defendant, telling him at the same time by what means he became possessed of the log.
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This was debt for a penalty incurred under Stat. 1821, ch. 168, sec. 1, for unlawfully converting to the defendant’s own use a log of the plaintiffs, lying in Penobscot river. At the trial before Perham J. in the Court below, the plaintiffs proved that one Patten, seeing the log floating down the river, conveyed it on shore, and sold it to the defendant, telling him at the same time by what means he became possessed of the log. The defendant thereupon converted it to his own use. The Judge, upon this evidence, instructed the jury, that if they believed that the log was taken up and converted…
1Opinion of the CourtMfxlen, C. J.
This case comes before us on an exception to the opinion of the Court of Common Pleas as delivered to the jury. The opinion is expressed in general terms, but we must understand it as having reference to the, particular facts on which it was founded. The latter instruction to the jury seems not to be important ; because there are no facts in the case shewing or tending to shew that Shed took up the log and converted it to his own use. The proof is that he did not take up the log ; but that he purchased it of Patten, who did take it up, and disposed of it to Shed. The only question then is,…
2Cases cited1 opinion
- Boutelle v. NourseMassachusetts Supreme Judicial Court · 1808