United States or Tanzania ? Vote for the TOP Country of the Week !
It will save confusion and the need of repetition if this is borne in mind in the following discussion. The chief forms of liability in which fraud, malice, and intent are said to be necessary elements, are deceit, slander and libel, malicious prosecution, and conspiracy, to which, perhaps, may be added trover.
It had even on one occasion been decided in the Court of Common Pleas that an action of trover could be maintained for a negro, "because negroes are heathens;" though Chief-justice Holt scouted the idea of being bound by a precedent which would put "a human being on the same footing as an ox or an ass," and declared that "in England there was no such thing as a slave."
William H. Woodward, was commenced in the Court of Common Pleas, Grafton County, State of New Hampshire, February term, 1817. The declaration was trover for the books of record, original charter, common seal, and other corporate property of the College. The conversion was alleged to have been made on the 7th day of October, 1816.
When, by rights of flotsam and jetsam and gift and trover, she became the proud possessor of her little yellow boat, the day rarely passed without her flitting across to spend part of it at Beaumanoir or Belfontaine, unless the weather bottled her up on Brecqhou.
But on whatever ground Lotan v. Cross may stand, if on any, it cannot for a moment be admitted that borrowers in general have not trespass and trover.
I would traverse your indictment, demur to your plea, bring my writ of error, nonsuit you. Sir, I would ca sa fi fa you. I would bar you. I would latitat you, replevin you, refalo you. I would have my non est inventus, my alias, and pluries, and pluries, and pluries, ad infinitum. I would have you in trover; in detinue; I would send your loving friend Richard Roe to you. I would eject you.
Trover is commonly understood to go, like larceny, on the plaintiff's being deprived of his property, although in practice every possessor has the action, and, generally speaking, the shortest wrongful withholding of possession is a conversion.
It is hard to believe that, if the defendant had stolen the bills from the safe while it was in the owner's hands, the property could not have been laid in the safe-owner, /2/ or that the latter could not have maintained trover for them if converted under those circumstances. Sir James Stephen seems to have drawn a similar conclusion from Cartwright v. Green and Merry v.
We fear that the studies of Blackstone, upon which the gentlemen who argue thus have entered in order to fit themselves for the legal and constitutional argument of the question, have confused their minds, and that they are misled by some fancied analogy between a tract and an action of trover, and conceive that the one, like the other, cannot be employed till after an actual conversion has taken place.
It was enough, he would not probe it, he would not peer into the dark corners of his prospect; he would simply realize that his soul had been lost, that it had been found by Lettice, and that it was hers by right of trover, as well as by absolute surrender. The mid-day sun shone in at his window and tempted him to the verandah outside.
Word Of The Day