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Harper, and still more obviously from the fact, that the bailee's right to trespass and trover is asserted in the same breath with that of the bailor, as well as proved by express decisions to be cited. It is true that in Lotan v.
A prudent person would, however, have taken proper advantage of the ignorance of this fellow, and would not have offered more than a shilling, or perhaps sixpence, for it; nay, some perhaps would have given nothing, and left the fellow to his action of trover, which some learned serjeants may doubt whether he could, under these circumstances, have maintained.
But suppose the property has not come back to the hands of the true owner. If the thing remains in the hands of the defendant, it is clearly right that he should surrender it. And if instead of the thing itself he holds the proceeds of a sale, it is as reasonable to make him pay over its value in trover or assumpsit as it would have been to compel a surrender of the thing.
It was laid down in one case that it was an extension of the protection which the law throws around the person, and on that ground held that trespass quare clausum did not pass to an assignee in bankruptcy. /1/ So it has been said, that to deny a bankrupt trover against strangers for goods coming to his possession after his bankruptcy would be "an invitation to all the world to scramble for the possession of them"; and reference was made to "grounds of policy and convenience." /2/ I may also refer to the cases of capture, some of which will be cited again.
Moral predilections must not be allowed to influence our minds in settling legal distinctions. If we accept the test of the liability alone, how do we distinguish between trover and the mill acts? Or between conduct which is prohibited, and that which is merely taxed? The only distinction which I can see is in the difference of the collateral consequences attached to the two classes of conduct.
How his round eyes will bulge out of their sockets when I tell him what I have just learnt." The surprising information given by the stationmaster impressed the barrister as so much unexpected trover which would assert its value in the progress of events. He certainly did not anticipate the discovery of three David Humes, though he had hoped to find traces of two.
It cannot be inferred, from the mere circumstance that certain conduct is made actionable, that therefore the law regards it as wrong, or seeks to prevent it. Under our mill acts a man has to pay for flowing his neighbor's lands, in the same way that he has to pay in trover for converting his neighbor's goods. Yet the law approves and encourages the flowing of lands for the erection of mills.
Both of Claude's are inscribed, besides being signed and dated, as follows: No. 12. Mariage d'Isaac avec Rebeca, Claudio Gil. inv. Romae 1648. No. 14. La Reine de Saba va trover Salomon. Clavde Gil. inv. faict pour son altesse le duc de Buillon
And the violent deeds of civil war and the ravages of invasion swept by like whirlwinds, throwing down the walls, razing the palaces and towers. And afterwards successive generations invaded the ruins, installed themselves in them by right of trover and conquest, turned them into cellars, store-places for forage, and stables for mules.
Cuss 'em, the state would be a nation sight better sarved, if one o' these old rooks was sent out to try trover for a goose, and larceny for an old hat, to Nova Scotia, and you was sent for to take the ribbons o' the state coach here; hang me if it wouldn't. You know that, and feel your oats, too, as well as any one.
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