Kearns v. Nickse
Supreme Court of Connecticut
Action of replevin for a horse, brought to the Court of Common Pleas in Hartford County and tried to the jury before Coats, J. ; verdict and judgment for the defendant, and appeal by the plaintiff.
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Action of replevin for a horse, brought to the Court of Common Pleas in Hartford County and tried to the jury before Coats, J. ; verdict and judgment for the defendant, and appeal by the plaintiff. Upon the trial it was undisputed that the plaintiff, the owner of a horse, intrusted it to one Pearson for some purpose ; that Pearson traded the horse to the defendant in return for another horse and the defendant’s check for $28; that the plaintiff subsequently having found the horse in the defendant’s possession and learned the facts of the trade, demanded it, and that the demand was refused.…
1Opinion of the CourtPrentice, J.
Pearson was, upon the conceded facts, a special ágent of the plaintiff intrusted with the latter’s horse for some purpose connected with its sale. Upon the trial the parties disagreed both as to the power in terms conferred upon the agent, and as to the apparent authority with which as a matter of law that power, attended as it was with the possession of the horse, clothed him with respect to dealings with third parties. ,It was incumbent upon the court to give the jury instructions appropriate to such a situation as the evidence should establish, and this duty it undertook to perform.
The…
2Cases cited5 opinions
- Trudo v. AndersonMichigan Supreme Court · 1862
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Woodward v. JewellSupreme Court of the United States · 1891
- Hayes v. ColbySupreme Court of New Hampshire · 1889
- Drury v. BarnesAppellate Court of Illinois · 1888
3Cited by13 opinions
- Quint v. O'ConnellSupreme Court of Connecticut · 1915
- Hartford Accident & Indemnity Co. v. South Windsor Bank & Trust Co.Supreme Court of Connecticut · 1976
- Voell v. KleinWisconsin Supreme Court · 1924
- Holmes v. TynerCourt of Appeals of Texas · 1915
- Zazzaro v. Universal Motors, Inc.Supreme Court of Connecticut · 1938
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