Clark v. Hale
Supreme Court of Connecticut
Trover for a wagon, brought to the superior court in New Haven county, and tried on the general issue before Phelps, J. On the trial the plaintiff claimed to have proved that in September, 1862, he was the absolute owner of the wagon in question; that he then let it to one Basset-, for an indefinite time, at $3 per week; that a few weeks subsequently both Basset and the wagon disappeared; that in the spring following the plaintiff learned that Basset had been seen in Derby,…
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Trover for a wagon, brought to the superior court in New Haven county, and tried on the general issue before Phelps, J. On the trial the plaintiff claimed to have proved that in September, 1862, he was the absolute owner of the wagon in question; that he then let it to one Basset-, for an indefinite time, at $3 per week; that a few weeks subsequently both Basset and the wagon disappeared; that in the spring following the plaintiff learned that Basset had been seen in Derby, and that the wagon, was in the possession of the defendant, who resided in the town of Seymour, and that thereupon, on…
1Opinion of the CourtPark, J.
The questions made in this case by the defendant are too clear for controversy. The first question arises upon the charge of the court with regard to the effect of the demand and refusal. The court instructed the jury that, “ to sustain the action, the plaintiff must show a propei'ty general or special in the wagon, such as to entitle him to the possession at the time of the demand, and if the jury were satisfied from the evidence that the plaintiff owned the wagon, a demand and unconditional refusal might properly be considered, in the absence of satisfactory evidence to rebut the…
2Cases cited1 opinion
- Thompson v. RoseSupreme Court of Connecticut · 1844
3Cited by13 opinions
- Meyers v. BratespieceSupreme Court of Pennsylvania · 1896
- Younger v. PlunkettDistrict Court, E.D. Pennsylvania · 1975
- Wright v. ShermanSouth Dakota Supreme Court · 1892
- Associates Financial Services Co. v. O'DellSuperior Court of Pennsylvania · 1979
- New Britain Real Estate & Title Co. v. CollingtonSupreme Court of Connecticut · 1925
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