 | Frederick Pollock - 1905 - 480 sider
...if he will.' In Cooper v. Chilly (i Burr., p. 31) Lord Mansfield says of the action of trover : ' In form it is a fiction, in substance a remedy to recover the value of personal chattels wrongly converted by another to his own use. The form supposes the defendant may have come lawfully... | |
 | Thomas McIntyre Cooley - 1907 - 1028 sider
...plaintiff casually lost his goods, and the defendant found and appropriated them. "In form the action is a fiction; in substance, a remedy to recover the...chattels wrongfully converted by another to his own use." •• There are two principal differences between the actions of trespass and trover for personalty... | |
 | Sir John William Salmond - 1907 - 574 sider
...case on a trover if he will." In Cooper v. Chilly 21 Lord Mansfield says of the action of trover: " In form it is a fiction, in substance a remedy to recover the value of personal chattels wrongly converted by another to his own use. The form supposes the defendant may have come lawfully... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - 1908 - 1216 sider
...and were not traversable by the defendant. Lord Mansfield thus describes the action of trover: "In form it is a fiction, in substance a remedy to recover...form supposes the defendant may have come lawfully into the possession of the goods. The action lies, and has been brought in many cases where in truth... | |
 | James Barr Ames, Jeremiah Smith - 1910 - 930 sider
...opinion of the court, January 4th, 1875 1 : — Lord Mansfield defines the action of trover to be, " a remedy to recover the value of personal chattels...wrongfully converted by another to his own use." " The taking may have been lawful, hence the gist of the action lies in the wrongful conversion. Where one... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1911 - 726 sider
...them to his own use." Lord Mansfield says : "In form it [trover] is a fiction ; in substance it is a remedy to recover the value of personal chattels wrongfully converted by another to his own use." 1 Chitty, Pld. 146. In 3 Enc. Laws of Eng., 360, the same language is used in defining the origin and... | |
 | Henry Edward Randall - 1922 - 1758 sider
...Exemplary damages. § 5106. Nature of action The court instructs the jury that trover, in substance, is a remedy to recover the value of personal chattels wrongfully converted by another to his own use. It is admitted in this case that the plaintiff was the tenant of the defendant of a certain farm in... | |
 | Sir John William Salmond - 1924 - 736 sider
..." In form it is a fiction, in substance a remedy to recover the value of personal chattels wrongly converted by another to his own use. The form supposes the defendant may have come lawfullv into the possession of the goods. The action lies and has been brought in many instances where... | |
 | 1926 - 658 sider
...person, not in possession, is not entitled to maintain trespass, he is entitled to maintain trover and to recover the value of personal chattels wrongfully converted by another to his own use. It is necessary to see what is the substance of the plaintiff Company's claim in this case. There is... | |
 | Bancroft-Whitney Company - 1928 - 1250 sider
...Judgment. FOBMS No. 2052. Findings. 2053. Verdict. 2054. Judgment. §5676. In General. — Trover is a remedy to recover the value of personal chattels wrongfully converted by another to his own use.1 The action originally lay for the recovery of damages against a person who had found another's... | |
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In form it (ie the trover) is a fiction ; in substance it is a remedy to recover the value of personal chattels wrongfully converted by another to his own use... 
