Jones v. Cobb
Supreme Judicial Court of Maine
On motion and exceptions. In this action of trover, the plaintiffs recovered a verdict for the full value of ninety-one cases of wooden toothpicks and the defendant filed a general notion for a new trial, and also excepted to the admission of evidence offered by the plaintiffs on the question of their value. It appeared at the trial that, after this action had been brought, the same property had been subsequently attached in a suit against the plaintiffs.
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On motion and exceptions. In this action of trover, the plaintiffs recovered a verdict for the full value of ninety-one cases of wooden toothpicks and the defendant filed a general notion for a new trial, and also excepted to the admission of evidence offered by the plaintiffs on the question of their value. It appeared at the trial that, after this action had been brought, the same property had been subsequently attached in a suit against the plaintiffs. The case is stated in the opinion.
1Opinion of the CourtVirgin, J.
Trover for the alleged conversion of ninety-one cases of toothpicks. The defendant now seeks to have the verdict against him set aside.
The plaintiffs’ title is founded upon a mortgage given to secure a note payable in one year from February 1, 1889, the mortgagors "to continue in possession of the chattels until breach of the condition.”
This action was commenced onNovember 2,188 9, three months before the expiration of the term of credit, during which the mortgagors were to retain possession.
It is elementary that to maintain trover the plaintiff, though the general owner, must have the right…
2Cases cited1 opinion
- Murray v. LovejoyU.S. Circuit Court for the District of Massachusetts · 1863
3Cited by2 opinions
- Sanborn v. MatthewsSupreme Judicial Court of Maine · 1945
- Gallagher v. Aroostook Federation of FarmersSupreme Judicial Court of Maine · 1938