Yates v. Curtis

30 F. Cas. 789, 5 Mason C.C. 80
CourtU.S. Circuit Court for the District of Rhode Island
DecidedJune 15, 1828
StatusPublished
Cited by1 cases

This text of 30 F. Cas. 789 (Yates v. Curtis) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yates v. Curtis, 30 F. Cas. 789, 5 Mason C.C. 80 (circtdri 1828).

Opinion

STORY. Circuit Justice.

Upon the facts, there does not seem any room for controversy. [790]*790The ease of Thompson v. Perkins [Case No. 13,972], following Scott v. Surman, Willes, 400, settles tlie principle of law, that where a party can trace his property in the hands of his agent, and distinguish it from the mass of the property of the lattter, he is entitled to recover it. Here, it is capable of designation; and the outstanding dues on the sale of the lottery tickets belong to the plaintiffs, and the sums received by the defendant since the insolvency of Wood, are the property of the plaintiffs, and recoverable by them.

Verdict for plaintiffs according to agreement of the parties.

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Related

Denston v. Perkins
19 Mass. 86 (Massachusetts Supreme Judicial Court, 1824)

Cite This Page — Counsel Stack

Bluebook (online)
30 F. Cas. 789, 5 Mason C.C. 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yates-v-curtis-circtdri-1828.