Singer Manufacturing Co. v. Skillman
This text of 19 A. 260 (Singer Manufacturing Co. v. Skillman) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the court was delivered by
The single question for the consideration of this court is, whether a judgment in trover Without satisfaction, passes the title of the property converted to the wrongdoer. The reasons are so conclusive and the decisions so numerous in favor of the negation of this proposition, that all discussion of the subject seems to the court to be superfluous. There are in some of the cases in this court to be found a few judicial expressions which, it may be, are susceptible of being construed as supporting the opposite theory; but the question was never presented for adjudication, and it [264]*264was on account of such rather loose intimations that it was deemed proper to refer the matter to this court for authoritative decision.
In the case of Lovejoy v. Murray, 3 Wall. 1, Mr. Justice Miller says: “In reference to the doctrine that the judgment alone vests the title of the property converted in the defendant, we have seen that it is not sustained by the weight of authorities in this country. It is equally incapable of being maintained on principle.” In this view this court concurs.
The plaintiff is entitled to judgment.
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Cite This Page — Counsel Stack
19 A. 260, 52 N.J.L. 263, 23 Vroom 263, 1890 N.J. Sup. Ct. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-manufacturing-co-v-skillman-nj-1890.