New Haven & Northampton Co. v. Campbell

The declaration contains two counts, alleged to be for the same cause of action. The first is in tort, in the nature of trover, for the conversion of ten barrels of flour. The second is in contract, alleging in substance that the plaintiff had in its possession as a common carrier fifteen barrels of flour transported by it and consigned to the defendant; that it permitted the defendant to take five- barrels, claiming and notifying him that it would hold the remaining ten barrels until the freight and advances due to it were paid by him; and that the defendant afterwards took and carried away…