White v. Webb
Supreme Court of Connecticut
This was an action brought to recover the value of certain articles of machinery used in a cotton factory. The declaration contained two counts ; one in trespass, the other in trover.
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This was an action brought to recover the value of certain articles of machinery used in a cotton factory. The declaration contained two counts ; one in trespass, the other in trover. The cause was tried at Brooklyn, January term, 1842, before Waite, J. , . The plaintiff claimed title to the property in question, by virtue of* a mortgage deed thereof, executed to him and R. H. Clark, on the 19th of March, 1837, by George Webb, to secure to him, the plaintiff, the payment of 1000 dollars, and to secure to Clark the payment of a like sum. The plaintiff having produced the mortgage deed in…
1Opinion of the CourtHinman, J.
Three questions are presented upon the motion, for the consideration of the court. 1. Ought Clark to have been joined with the plaintiff in the suit ? 2. Admitting the legal title to the property to be in Austin <f* Dunham, the first mortgagees, can the plaintiff maintain the action upon his possession, and the title acquired by his mortgage subsequent to Austin tf* Dunham’s ? 3. Did the court err, in *305omitting to charge the jury, on the question of damages, in conformity to the claim of the defendant ?
The two first questions may be laid out of the case, as the defendant has, very properly,…
2Cases cited2 opinions
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
- Brizsee v. MaybeeNew York Supreme Court · 1839
3Cited by36 opinions
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co.Tennessee Supreme Court · 1914
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Hutchinson v. City of ParkersburgWest Virginia Supreme Court · 1884
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