Legal Opinion

Lovell v. Hammond Co.

Supreme Court of Connecticut

Decided July 19, 1895PublishedCited by 21 opinions

Action to recover damages for the alleged conversion of money received from the sale of goods, brought originally before a justice of the peace, and thence by the defendant’s appeal to the Court of Common Pleas for Fairfield County, and tried to the court, Qomley, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

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Action to recover damages for the alleged conversion of money received from the sale of goods, brought originally before a justice of the peace, and thence by the defendant’s appeal to the Court of Common Pleas for Fairfield County, and tried to the court, Qomley, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The plaintiff was a trustee in insolvency, aud sued for goods sold and delivered and money lent by F. L. Smith, the insolvent debtor, to the defendant. The bill of particulars was for “ cash collected…

1Opinion of the CourtBaldwin, J.

The real transaction, which was subject of this action, was a sale by the insolvent debtor of goods which he had pledged to the defendant, and its appropriation of the avails, after its right to the benefit of the pledge had ceased. The complaint erroneously described this as a sale *508by the insolvent debtor to the defendant, and a loan of money. Under these circumstances, there was no error in the allowance of the amendment of the complaint. Allen v. Woodruff, 68 Conn., 369.

The substitution, by the amendment, of a cause of action founded on a tort for one founded on a contract, made it proper…

2Cases cited8 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. Stark v. StarrSupreme Court of the United States · 1877
  3. Gillet v. FairchildNew York Supreme Court · 1847
  4. Whitaker v. GavitSupreme Court of Connecticut · 1847
  5. Post v. GilbertSupreme Court of Connecticut · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Schleicher v. SchleicherSupreme Court of Connecticut · 1935
  2. Hoxie v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
  3. Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
  4. Dunnett v. ThorntonSupreme Court of Connecticut · 1900
  5. Riverside Coal Co. v. American Coal Co.Supreme Court of Connecticut · 1927

16 more not listed; retrieve them via the Exa API.

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