Ferris v. McQueen

Action of trover for the value of a stock of *368goods which, defendant, as sheriff, held under certain writs of attachment, issued against one Benjamin A. Fish. Plaintiff claimed under a lien by chattel mortgage. Cause tried by jury. Verdict and judgment for plaintiff. Defendant brings error.

The assignments of error all relate to the refusal to give certain requests to charge, and to the charge as given. The court was asked to charge the jury:

“Where fraud is charged, express proof is not required. It may be inferred from circumstances. And if the jury find from the evidence that Fish started in…