Legal Opinion

Funk v. Gallivan

Supreme Court of Connecticut

Decided May 15, 1881PublishedCited by 28 opinions

Trover for a sewing machine ; brought, by a.ppeal from a justice of the peace, to the District Court for the county of Litchfield, and tried to the jury, on the general issue, before Fyler, J. Verdict for the plaintiff and motion for a new trial by the defendant for error in the rulings and charge of the court. The case is sufficiently stated in the opinion.

1Opinion of the CourtLoomis, J.

The plaintiff by an action of trover seeks to recover of the defendant the value of a sewing machiiie, ■conceded to be in the defendant’s possession, and which he refused to give up on demand before the suit was brought. It is conceded that the machine on the 7th of November, 1879, was the property of one Comstock, who, to repair a pecuniary loss by fire, undertook at the suggestion of friends to dispose of the machine by the sale of lottery tickets. The machine was left at the hotel of one Ricker and the drawing took place there in the absence of the parties to this suit. Ticket No. 41 drew…

2Cases cited1 opinion

  1. Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869

3Cited by28 opinions

  1. Dowling v. SlotnikSupreme Court of Connecticut · 1998
  2. Beit v. BeitSupreme Court of Connecticut · 1948
  3. Solomon v. GilmoreSupreme Court of Connecticut · 1999
  4. Sagal v. FylarSupreme Court of Connecticut · 1915
  5. Dibiase v. GarnseySupreme Court of Connecticut · 1925

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