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14 Mass. 500

Towne v. Collins

Massachusetts Supreme Judicial Court

Decided November 15, 1785

Massachusetts Supreme Judicial Court · decided 1785-11-15

This was an action of traver for oxen. One Hutchins stole the cattle from the plaintiff, and sold them to Collins, who was not privy to the theft, nor had any knowledge of their being the property of the plaintiff. Hutchins was afterwards convicted of the theft, and sentenced, at the instance of the attorney-general, to pay threefold damages to the plaintiff, according to the statute.

Decided 1785-11-15

*Per Curiam, viz., Cushing, C. J., Sargeant, Dana, and Sumner, justices.

¶1There being no market overt here, and actual satisfaction of the threefold damages not having been made to the plaintiff, the conviction and sentence can be no bar to this action of trover, (a)

¶2 [Long on Sales, Rand’s edition, 164—175, and cases there referred to.— Baldwin vs. Dame, 8 Mass. Rep. 518.-Sed vide Rowley & Al. vs. Bigelow, 12 Mass. Rep. 307.—Ed.]

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