Singer Sewing MacH. Co. v. Hayes

The cause was tried on counts 3, 9, and 10, each claiming damages from defendant for and on account of a trespass in the taking of a certain sewing machine of which plaintiff was in possession, and count 11, claiming damages quare clausum fregit, and charged the breaking and entering of plaintiff’s residence in her absence, and in a manner greatly to the humiliation of plaintiff. There were special pleas setting up a contract which authorised defendant to enter and seize the machine. To these pleas demurrers were interposed and sustained on the ground that the defense pleaded was available…