McIntyre v. Thompson

The declaration contained the common counts in assumpsit and four special counts. It is suggested these latter counts were in trover or trespass, and that there being a misjoinder of counts, the motion in arrest of judgment should have prevailed. We do not so regard these counts but understand them to be defective counts in assumpsit. They allege a wrongful conversion of the United States coupon bonds in question, and then aver a legal liability and subsequent promise in consideration thereof, to pay. If one person converts the property of another into money the owner may waive the tort and…