Hill v. Hayes
Supreme Court of Connecticut
Trover to recover tlie value of certain bank bills ; brought to the Superior Court, and tried on the general issue closed to the jury, before Minor, J. On the trial it was admitted that the money described in the declaration belonged to the plaintiff, and was on the night of the 4th of November, 1865, stolen from him in Redding, by one Billy Lake, a colored lad, who had, before he left Bridgeport the June previously, occasionally boarded for short periods of time in the…
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Trover to recover tlie value of certain bank bills ; brought to the Superior Court, and tried on the general issue closed to the jury, before Minor, J. On the trial it was admitted that the money described in the declaration belonged to the plaintiff, and was on the night of the 4th of November, 1865, stolen from him in Redding, by one Billy Lake, a colored lad, who had, before he left Bridgeport the June previously, occasionally boarded for short periods of time in the family of the defendant, Hayes, an aged - and. infirm colored woman, who then resided in Bridgeport with her daughter the…
1Opinion of the CourtButler, C. J.
The defendant, Hayes, was a mere depositary of Lake, and returned the money to her bailor without knowledge that it was not his, and there was no demand and refusal. The plaintiff must therefore rely on a re-delivery, tortious in its nature as to him. He claimed in his first request as to the charge, that a re-delivery of property to the bailor by such a bailee, having “ reasonable or probable cause to believe either that it was stolen, or that he came improperly or dishonestly by it, or that it did not belong to him,” is a tortious conversion in respect to a then unknown owner. There is no…
2Cases cited3 opinions
- Clark v. WhitakerSupreme Court of Connecticut · 1848
- Thorp v. BurlingNew York Supreme Court · 1814
- Lockwood v. BullNew York Supreme Court · 1823
3Cited by6 opinions
- Coleman v. FrancisSupreme Court of Connecticut · 1925
- Varney v. CurtisMassachusetts Supreme Judicial Court · 1913
- Steele v. MarsicanoCalifornia Supreme Court · 1894
- Holden v. Farmers & Traders National BankSupreme Court of New Hampshire · 1915
- Thoms v. D. C. Andrews & Co.Court of Appeals for the Second Circuit · 1931
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