Forbes v. Marsh
Supreme Court of Connecticut
This was an action of trover against Solomon Marsh and John E. Sedgwick, for a stage coach. The cause was tried at Litchfield, February term, 1842, before Storrs, J. On the 10th of February, 1839, and before, the plaintiff was the owner of the coach in question.
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This was an action of trover against Solomon Marsh and John E. Sedgwick, for a stage coach. The cause was tried at Litchfield, February term, 1842, before Storrs, J. On the 10th of February, 1839, and before, the plaintiff was the owner of the coach in question. On the 22nd of November, 1839, it was in the possession of Major C. Peck, and was then attached as his property, in a suit in favour of the Litchfield and Canaan Turnpike Company against him, by Albert Sedgwick, sheriff of Litchfield county, by direction of the defendant, Marsh, the agent of that company. The plaintiff, in order to…
1Opinion of the Court
Williams, Ch. J.
It was not denied that the coach was once the property of the plaintiff; but it was claimed, that by the writing of the 11th of June, 1839, it became the property of Peck; that the instrument was in the nature of a sale and mortgage, and ought so to be treated ; and that, if this was not so, yet the contract of the 1st of August placed it out of the hands of the plaintiff so that he could sustain no action; that the possession by Peck, was, in its nature, fraudulent and void as against creditors. These propositions were not assented to, by the court; and a verdict was given…
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