HODGEDEN v. HUBBARD Sup. Ct. of Vt., 18 Vt. 504, 46 Am. Dec. 167 (1846). CASE BRIEF

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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