HODGEDEN V. HUBBARD
Sup. Ct. of Vt., 18 Vt. 504, 46 Am. Dec. 167 (1846)
NATURE OF THE CASE: This was an action to recover damages for assault and battery,
trespass to chattels, and a defense of the privilege to recapture chattels.
FACTS: Hubbard (D) sold a stove to Hodgeden (P) on credit, but discovered immediately
after the sale while P was taking the stove away that P had misrepresented his assets and
credit. D quickly pursued P and overtook him about 2 miles away. P refused to return the
stove and drew a knife. P was then subdued with force and D took possession of the stove. P
sued and got a verdict of $1. The court charged that even if P was guilty of fraud and
misrepresentation, D was still not justified in using force to regain the stove. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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