Woolsey v. Seely
Ohio Supreme Court
Trover, for three thousand tons of iron ore. Plea, not guilty. The plaintiff is a non resident holder of sundry tracts of land, on which is iron ore : the defendants have a furnace in operation, and bought large quantities of ore from \ arious persons for several years, 361] *and paid for it as delivered. They had knowledge that considerable quantity of the ore had been raised from the plaintiff’s land, but continued to purchase.
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Trover, for three thousand tons of iron ore. Plea, not guilty. The plaintiff is a non resident holder of sundry tracts of land, on which is iron ore : the defendants have a furnace in operation, and bought large quantities of ore from \ arious persons for several years, 361] *and paid for it as delivered. They had knowledge that considerable quantity of the ore had been raised from the plaintiff’s land, but continued to purchase. The plaintiff’s agent notified them that the ore was raised by trespassers, and that he should look to them for the price if they purchased; they continued to…
1Opinion of the Court
BY THE COURT.
The objection is not well taken. If the person acted as clerk for the defendants any length of time, it is a circumstance from which the jury may infer his authority, or it may open the door for showing that the defendants, knowing his acts, received the benefit, and so ratified and were bound by them.
R. Hitchcock and Webb, contra,
contended that the right was fixed when the suit was brought. They cited Cowen Tr. 633; 1 D. Chip. 248; 14 John. 128; 4 Pick. 466; 5 Bin. 457; 6 Serg. & R. 300.
WRIGHT, J. to the jury. The owner of a chattel, or any one having a special property in it,…
2Cases cited4 opinions
- Wilson v. ConineNew York Supreme Court · 1807
- Kennedy v. StrongNew York Supreme Court · 1817
- Lyle v. BarkerSupreme Court of Pennsylvania · 1813
- Shotwell v. WendoverNew York Supreme Court · 1806
3Cited by3 opinions
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Johnson's AppealSupreme Court of Pennsylvania · 1887
- Lefevre's AppealSupreme Court of Pennsylvania · 1871