Green v. Lawrence
Supreme Court of New Jersey
ON CERTIORARI. “ I give judgment with the jury,” is no judgment. The state of demand on which the action below was founded, was as follows:— Thé plaintiff, Alexander Lawrence, demands from the defendant, Thomas [*] Green the sum of fifty dollars and fifty cents, for stopping and detaining me out of one cable and anchor, and water cask, &c. which I bought of Allison Learning with the sloop Sally, of Cape May, and paid for, to which I can make it appear on trial, to which the…
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ON CERTIORARI. “ I give judgment with the jury,” is no judgment. The state of demand on which the action below was founded, was as follows:— Thé plaintiff, Alexander Lawrence, demands from the defendant, Thomas [*] Green the sum of fifty dollars and fifty cents, for stopping and detaining me out of one cable and anchor, and water cask, &c. which I bought of Allison Learning with the sloop Sally, of Cape May, and paid for, to which I can make it appear on trial, to which the same Thomas Green stops the cable and anchor, because he says that Allison Learning owes him money ; hot stoppage is no…
1Opinion of the CourtPennington, J.
The state of demand is very unskillfully drawn; but I have had some doubt whether it could not be supported as a demand in trover; but incline to think it cannot, for want of a direct allegation that the property was in the plaintiff.1 That he bought it of another man will *417not do; the other may not have owned it, or the defendant may have had a legal claim upon it. Nor is any conversion alleged. Stopping and detaining may amount to a refusal to deliver, and that is evidence of a conversion; but a conversion ought to have been directly charged. If a man buys personal property while it is in…
2Cases cited1 opinion
- Jones v. SewardSupreme Court of Pennsylvania · 1863