Oviatt v. Sage
Supreme Court of Connecticut
This was an action of account to recover the proceeds of a quantity of cheese.^ The plaintiff alleged, that he was the owner of two third parts of the cheese, and the defendant the other third part; and that they held as tenants in common; and that the defendant had sold the whole, and refused to account with the plaintiff for the avails.
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This was an action of account to recover the proceeds of a quantity of cheese.^ The plaintiff alleged, that he was the owner of two third parts of the cheese, and the defendant the other third part; and that they held as tenants in common; and that the defendant had sold the whole, and refused to account with the plaintiff for the avails. The cause was tried on the'plea oí never bailiff and receiver, at Litchfield, February term, 1828, before Peters, J. On the trial, the plaintiff offered testimony tending to prove, that on the 20th of August, 1825, he owned two thirds of the cheese, and one…
1Opinion of the CourtDaggett, J.
The testimony offered by the plaintiff, on the trial, was rejected, on the ground, that it shewed that a tort was committed by Coi b, in selling the cheese, and that trover, and not account, was the proper remedy. This opinion is erroneous.
1. The part owner of this cheese, being a tenant in common with the plaintiff, had a right to sell his part of it, at any rate ; and it being an article manufactured for sale, he might, for aught which appears, have sold the whole. At least, the plaintiff might authorize him to sell the whole ; and it should have been submitted to the jury as a question of…
2Cited by3 opinions
- Frans v. YoungSupreme Court of Iowa · 1868
- Martin v. RutledgeSupreme Court of Vermont · 1920
- State v. HunnerwardleMissouri Court of Appeals · 1891