Besherer v. Swisher

3 N.J.L. 748

Opinion

By the Court.

— There is no question but that an action of trover may be brought for a bond, but the plaintiff must have an actual, or at least a special [*] property in the bond. If a man should pay off a bond which he had given to another, and neglect to take it up, we apprehend that he cannot bring an action of trover for this paid-off bond. If this was law, the fact of payment might be tried in an action of trover. We, think, therefore, that the judgment must be

Reversed,