Vining v. Baker
Supreme Judicial Court of Maine
On ExceptioNS from Nisi Prius, Walton, J., presiding. Trover for eighty sheep. The plaintiffs contended that the sheep were the exclusive property of one Timothy E. Eogg, while the defendants claimed they were the property of a copartnership alleged to exist between said Fogg and the defendant Baker.
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On ExceptioNS from Nisi Prius, Walton, J., presiding. Trover for eighty sheep. The plaintiffs contended that the sheep were the exclusive property of one Timothy E. Eogg, while the defendants claimed they were the property of a copartnership alleged to exist between said Fogg and the defendant Baker. It appeared in evidence, that the defendants fraudulently obtained possession of the sheep, drove them to Brighton and sold them; and that the plaintiffs settled with Fogg, and paid him in full for the sheep before bringing this action. The defendants contended that the action could not be…
1Opinion of the CourtAppleton, C. J.
The plaintiffs, having sold one Fogg
the sheep in controversy, gave him the following memorandum :—
"Weld, Oct. 28, 1864.
"Mr. George and Page Vining have sold and delivered to T. E. Fogg eighty sheep, to be kept by said Vining, till called for by the said Fogg personally or by an order in writing; said Fogg to pay all expenses, if any, before they are taken away, for feeding on hay, $320.
" Received Payment, " G. W. Vining,
"Page Vining.” ‘
The jury have found the title to the sheep to have been *546in Eogg, and that they were wrongfully taken by the defendants from the custody of the plaintiffs, his…
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