Brady v. Whitney

Campbell, On. J.

The action below 'was in trover. Whitney had leased a melodeon to one Beach. It was levied on and sold, on an execution against Beach, under circumstances which arc admitted to have made the sale a conversion. At some time after this conversion, but whether before or after this suit was commenced, is not clear, Whitney sold the melodeon to one Eaton, and some question also arose whether he had not also assigned his right to sue for damages, to the same party. These points being -litigated, the court charged the jury upon certain questions on which the defendants below took…