Harrison v. Clark
Supreme Court of Connecticut
Action of replevin for the possession of a horse, brought to the Court of Common Pleas in Litchfield County and tried to the court, Welch, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. This is a statutory action.
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Action of replevin for the possession of a horse, brought to the Court of Common Pleas in Litchfield County and tried to the court, Welch, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. This is a statutory action. General Statutes, §§ 1328-1334. The writ directs the replevin of a horse of the value of $140. The declaration alleges: 1. The defendant has since April 1st, 1899, wrongfully detained and still wrongfully detains said horse, being the property of the plaintiff. 2. The plaintiff was on said day and…
1Opinion of the CourtHamersley, J.
The defendant’s argument is based upon the assumption that the trial court has found that the horse was delivered in pledge to The Bernheim Brothers. The court did not so find ; and the discussion in respect to the lien of a pledge, the necessity of a tender to The Bernheim Brothers before the plaintiff could take back his property pledged, and the subrogation of the defendant to the rights of the original pledgee, is irrelevant. The conclusion of the court in not finding a pledge may be fairly regarded as consistent with the facts found, notwithstanding the annoying and unnecessary want of…
2Cases cited2 opinions
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- McNamara v. LyonSupreme Court of Connecticut · 1897
3Cited by1 opinion
- Atlas Assurance Co., Ltd. v. GibbsSupreme Court of Connecticut · 1936