Hall v. Daggett
New York Supreme Court
On error from the C. P. of the city and county of New-York. The action in the court below was trover by Daggett and Kensett against Hall, for certain cases and boxes of provisions preserved fresh.
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On error from the C. P. of the city and county of New-York. The action in the court below was trover by Daggett and Kensett against Hall, for certain cases and boxes of provisions preserved fresh. The plaintiffs produced, on the trial, an agreement between themselves and the defendant below, dated April 15th, 1822, by which they agreed to carry on the business, of preserving fresh provisions, which they warranted to keep sweet and good for any voyage or climate ; and agreed,- in consideration of the use of $600, received of Hall, that Hall should be the only agent for selling the provisions…
1Opinion of the Court
*655 Curia, per
Savage, Ch. J.
The law is well settled, that the action of trover cannot be maintained, without the right of possession. The right of property alone is not enough. (7 T. R. 9.) This principle is not controverted ; but it is contended that the plaintiffs below, having the right of property, became entitled also to the right of possession, by the demand of an account, and an offer to pay any lien which the defendant had : and further, that the defendant not having asserted any lien when the demand was made, such lien, if any existed, was waived. And it has been decided, that if one…
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