Greely v. Smith
U.S. Circuit Court for the District of Maine
This case was drawn up by counsel, in the words following: This is an action of trover for an alleged taking and converting, by the defendant [Joseph Smith], of the brig Albert and of two-third part of the brig Watson, on the 7th day of January, 1842; said vessel being alleged to be the property of the plaintiffs [Philip Greely, Jr., and others]. The writ is dated January 10th, 1842, and may be referred to by either party. Plea, — the general issue and joinder.
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This case was drawn up by counsel, in the words following: This is an action of trover for an alleged taking and converting, by the defendant [Joseph Smith], of the brig Albert and of two-third part of the brig Watson, on the 7th day of January, 1842; said vessel being alleged to be the property of the plaintiffs [Philip Greely, Jr., and others]. The writ is dated January 10th, 1842, and may be referred to by either party. Plea, — the general issue and joinder. It is admitted that Smith, the defendant, was at the time of the alleged taking, sheriff of the county of Cumberland. The plaintiffs…
1Opinion of the Court
WOODBURY,' Circuit Justice.
The chief question in this case is, in whom was vested the property of the vessels sued for, at the time of the alleged conversion of them. If it was in the plaintiffs, they are entitled to recover. If not no wrong has been done to them, as they had not the actual possession of the vessels; and either such a possession or property, and a right to possession founded on property, are necessary to enable a party to sustain trover. 4 Pick. 158; 5 Pick. 255; 7 Mete. [Mass.] 259. The plaintiffs set up property under three bonds, executed to them by Luther Jewett before…
2Cases cited4 opinions
- Blaine v. The Ship Charles Carter. Donald and Burton and OthersSupreme Court of the United States · 1808
- Jennings v. InsuranceSupreme Court of Pennsylvania · 1811
- Gowen v. GerrishSupreme Judicial Court of Maine · 1839
- Greeley v. WaterhouseSupreme Judicial Court of Maine · 1841