Bowman v. Brashear

OPINION of the Court, by

Judge Boyle.

We are of opinion that the plaintiff in the court below has mistaken his remedy. Had neither Joseph nor Robert Brashear been competent to authorise the defendant to Sake the cable from the boat, «r had they not in fact *608given tbe authority, then the act of taking the cable was unlawful, and the defendant was guilty of a wrong, for which the appropriate remedy is trespass vi et armis, and not trespass upon the case.

It appears, however, from the evidence, that Robert Brashear was, at the time of taking the cable, in partnership with the plaintiff, and that thi…