Rodick v. Coburn

Supreme Judicial Court of Maine

Rodick v. Coburn

68 Me. 170, 1878 Me. LEXIS 56

CourtSupreme Judicial Court of Maine

DecidedApril 4, 1878

StatusPublished

Cited by3 cases

This text of 68 Me. 170 (Rodick v. Coburn) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodick v. Coburn, 68 Me. 170, 1878 Me. LEXIS 56 (Me. 1878).

Pincite

Opinion

Walton, J.

If the owner of an article of personal property delivers it to another to sell, the latter has no right to deliver it to his creditor in payment of his own pre-existing debt; and if he does so, the owner may maintain trover against the creditor without a previous demand.

To the point that such a disposition of the property is unauthor[172]*172ized. Parsons v. Webb, 8 Maine, 38. Holton v. Smith, 7 N. H. 446.

To the point that no previous demand is necessary. Galvin v. Bacon, 11 Maine, 28. Whipple v. Gilpatrick, 19 Maine, 427. Badlam v. Tucker, 1 Pick. 389, 397. Woodbury v. Long, 8 Pick. 543. Hunt v. Holton, 13 Pick. 216.

• The instructions to the jury were in accordance with these well established rules of law.

Exceptions overruled. Judgment on the verdict.

Appleton, C. J., Barrows, Yirg-in, Peters and Libbey, JJ., concurred.

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