Legal Opinion

Hodgeden v. Hubbard

Supreme Court of Vermont

Decided March 15, 1846PublishedCited by 25 opinions

Trespass for assault and battery, and for taking and carrying away a stove, the property of the plaintiff. Plea the general issue, with notice of special matter of defence, and trial by jury, — Red-field, J., presiding.

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Trespass for assault and battery, and for taking and carrying away a stove, the property of the plaintiff. Plea the general issue, with notice of special matter of defence, and trial by jury, — Red-field, J., presiding. On trial the plaintiff gave evidence, tending to prove, that, on the nineteenth day of September, 1842, he purchased at the Tyson ware house, in Montpelier, a stove, and gave his promissory note therefor, payable in six months; that the agent, who had charge of the warehouse, was absent at the times, and the sale was made by the defendant Hubbard, who was clerk for the agent,…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

It is admitted, in this case, that the property in the stove did not pass to the plaintiff, that, though the plaintiff obtained possession of the stove, yet it was by such means of falsehood and fraud, criminal in the eye of the law, as made the possession unlawful, and that, although the consent of the owner was apparently obtained to the delivery of the possession to the plaintiff, yet, as it respects the plaintiff, and so far as the right of property was concerned, no such consent was given. In the cases of Buffington v. Gerrish, 15…

2Cases cited1 opinion

  1. Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818

3Cited by25 opinions

  1. Hart v. MoultonWisconsin Supreme Court · 1899
  2. Busenbarke v. RameyIndiana Supreme Court · 1876
  3. Raynes v. RogersSupreme Court of Vermont · 2008
  4. State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
  5. People ex rel. Ellis v. HealyIllinois Supreme Court · 1889

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