Pratt v. Pond
Supreme Court of Connecticut
Trespass for taking and carrying away a horse claimed by the plaintiff to belong to his wife and to be held by him as her statutory trustee; brought to the Court of Common Pleas of New Haven County.
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Trespass for taking and carrying away a horse claimed by the plaintiff to belong to his wife and to be held by him as her statutory trustee; brought to the Court of Common Pleas of New Haven County. The defendant pleaded the general issue, with notice that he took the horse as a constable, upon an execution issued upon a judgment of one Holbrook against the plaintiff in his individual character, that the horse had been the property of the plaintiff and that he had put it out of his hands, with other property, fraudulently to avoid the payment of his debts. The case was tried to the jury,…
1Opinion of the CourtPark, C. J.
The charge of the court in this case, with regard to the rule of damages to be applied by the jury, is, we think, contrary to the whole current of authority on the subject, not only in this state, but elsewhere. Oviatt v. Pond, 29 Conn., 479; Plumb v. Ives, 39 Conn., 120.
The title to the property was in dispute. The judgment creditor claimed that the property belonged to his debtor, who is the nominal plaintiff in this suit, and consequently that it could be taken on the execution to pay his claim; while the wife of the debtor claimed that the property belonged to her. In this state of things…
2Cases cited2 opinions
- Oviatt v. PondSupreme Court of Connecticut · 1861
- Plumb v. IvesSupreme Court of Connecticut · 1872
3Cited by2 opinions
- Holland v. Eugene HospitalOregon Supreme Court · 1928
- Railway Co. v. HutchinsOhio Supreme Court · 1877