Watt v. Potter
U.S. Circuit Court for the District of Rhode Island
Trover for two hundred and three hogsheads of rum. The plaintiff [Robert- Watt}, a merchant of Jamaica, in March, 1819, shipped under a charter party on board of the British brig Fame, of Liverpool (James Handy, master), a large quantity of rum, on a voyage to Quebec, in Canada, consigned to Messrs. Ervin, M’Knight & Co. of that place, for sale. The brig, by the charter party, was to go from Jamaica to Quebec, and thence to return to Jamaica.
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Trover for two hundred and three hogsheads of rum. The plaintiff [Robert- Watt}, a merchant of Jamaica, in March, 1819, shipped under a charter party on board of the British brig Fame, of Liverpool (James Handy, master), a large quantity of rum, on a voyage to Quebec, in Canada, consigned to Messrs. Ervin, M’Knight & Co. of that place, for sale. The brig, by the charter party, was to go from Jamaica to Quebec, and thence to return to Jamaica. The charter party stipulated for the payment of the freight of the outward voyage in advance, to the amount of £400 sterling. The vessel, after sailing…
1Opinion of the CourtStory, Circuit Justice
(after summing up the facts). The first question is, whether there has been a conversion in this case. This is a question of fact to be judged of by the jury under all the circumstances. A demand and refusal to deliver is not-of itself a conversion; but it is evidence from which a jury may presume a conversion. Where a demand is made by an agent, and the party refuses to deliver to the agent, either because he has no authority, or declines to produce it, such a refusal under such circumstances, is not even evidence of a conversion, for every person in possession of property, has a right to…
2Cited by11 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Holbrook v. WrightNew York Supreme Court · 1840
- Louisville & Nashville Railroad v. LawsonCourt of Appeals of Kentucky · 1889
- Ingalls v. BulkleyIllinois Supreme Court · 1851
- Witherspoon v. BlewettMississippi Supreme Court · 1873
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