Chauncy v. Yeaton
Superior Court of New Hampshire
ASSUMPSIT, by Chauncy and others, against Joshua Yeaton and William Yeaton. The writ was served upon Joshua alone, and returned non est inventus as to William. The declaration contained two counts : one for $24,000, money had and received : the other for $33,704 20 : the balance of the following account annexed to the writ.
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ASSUMPSIT, by Chauncy and others, against Joshua Yeaton and William Yeaton. The writ was served upon Joshua alone, and returned non est inventus as to William. The declaration contained two counts : one for $24,000, money had and received : the other for $33,704 20 : the balance of the following account annexed to the writ. August, 1813. Dr. to cash for freight of 4257 barrels of flour, in ship William & Henry, $24,000 One year’s interest on ditto, 1,440 Freight of 324 bags of corn, 500 Cash for price of above ship, 13,000 Seven months’ interest on ditto, 455 $39,395 00 Credit by bills of…
1Opinion of the Court
Woodbury, J.,
delivered the opinion of the court.*
It is obvious that the owner of property, which has been wrongfully converted, should possess a right to institute such a suit for the injury as will afford him an ample indemnification. If the wrong doer hath sold, or used and then sold the property, the owner may waive the tort, and in assump-sit recover the net proceeds received both for the use and *155by the sale. Cowp. 371, Hambly vs. Trott; 10 Mass. Rep, 436. The amount recoverable in assumpsit cannot, upon general principles, operate unfavorably to the trespasser.
in an action ex contractu,…
2Cases cited3 opinions
- Hannay v. EveSupreme Court of the United States · 1806
- People v. GasherieNew York Supreme Court · 1812
- Belding v. PitkinNew York Supreme Court · 1804
3Cited by5 opinions
- Cross v. Berg Lumber CompanyWyoming Supreme Court · 2000
- Mann v. LockeSuperior Court of New Hampshire · 1840
- McIlvaine v. WilkinsSuperior Court of New Hampshire · 1841
- Hill v. DavisSuperior Court of New Hampshire · 1826
- Varney v. FrenchSuperior Court of New Hampshire · 1848