Jenner v. Joliffe
New York Supreme Court
THIS was an action of trover, brought for the recovery of a quantity of timber, belonging to the plaintiff, converted by the defendant, at the city of Quebec, in the province of Lower Canada.
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THIS was an action of trover, brought for the recovery of a quantity of timber, belonging to the plaintiff, converted by the defendant, at the city of Quebec, in the province of Lower Canada. The cause was tried before the chief justice, at the Clinton circuit, on the 4th day of July, 1809. At the trial the plaintiff proved, that in the month of June, 1808, after the arrival of his raft of timber at Quebec, it was taken away from the plaintiff, and certain men were placed to guard the raft, to prevent any person intermeddling with it. The witness heard the defendant say to the plaintiff, that…
1Opinion of the Court
■Thompson, J.
delivered the opinion of the court. That the timber was the property of the plaintiff, is not denied. It was taken out of his possession by a person professing to act as bailiff, under process of attachment, in a suit brought by the defendant, against the plaintiff. It was proved, by several witnesses, that the defendant acknowledged, that he was in possession of the timber ; and it was further proved, that while the timber was thus held, a storm came and carried away about four thousand feet of it, which was wholly lost. The liability of the defendant must, therefore, depend…
2Cited by20 opinions
- Bridges v. PerrySupreme Court of Vermont · 1842
- Moore v. . WesterveltNew York Court of Appeals · 1863
- Moore v. . WesterveltNew York Court of Appeals · 1860
- Phillips v. CooperMississippi Supreme Court · 1874
- Underhill v. GibsonSuperior Court of New Hampshire · 1821
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