trover
n . 追索侵占物诉讼,取得
追索侵占物诉讼,取得
Trover \
Tro "
ver \ (
tr [=
o ]"
v [~
e ]
r ),
n . [
OF .
trover ,
truver ,
to find ,
F .
trouver ;
probably originally ,
to invent or compose (
melodies ),
fr . (
assumed )
LL .
tropare .
See {
Troubadour },
{
Trope },
and cf . {
Contrive }, {
Reirieve }, {
Trouveur }.] (
Law )
(
a )
The gaining possession of any goods ,
whether by finding or by other means .
(
b )
An action to recover damages against one who found goods ,
and would not deliver them to the owner on demand ;
an action which lies in any case to recover the value of goods wrongfully converted by another to his own use .
In this case the finding ,
though alleged ,
is an immaterial fact ;
the injury lies in the conversion .
[
1913 Webster ]
TROVER ,
remedies .
Trover signifies finding .
The remedy is called an action of trover ;
it is brought to recover the value of personal chattels ,
wrongfully converted by another to his own use ;
the form supposed that the defendant might have acquired the possession of the property lawfully ,
namely ,
by finding ,
but if he did not ,
by bringing the action the plaintiff waives the trespass ;
no damages can therefore be recovered for the taking ,
all must be for the conversion .
17 Pick .
1 ;
Anthon ,
156 ;
21 Pick .
559 ;
7 Monr .
209 ;
1 Metc .
172 .
2 .
It will be proper to consider the subject with reference ,
1 .
To the thing converted .
2 .
The plaintiff '
s right .
3 .
The nature of the injury .
4 .
The pleadings .
5 .
The verdict and judgment .
3 .-
1 .
The property affected must be some personal chattel ;
3 ,
Serg . &
Rawle ,
513 ;
and it has been decided that trover lies for title deeds ;
2 Yeates ,
R .
537 ;
and for a copy of a record .
Hardr .
111 .
Vide 2 T .
R .
788 ;
2 Salk .
654 ;
2 New Rep .
170 ;
3 Campb .
417 ;
3 Johns .
R .
432 ;
10 Johns .
R .
172 ;
12 Johns .
R .
484 ;
6 Mass .
R .
394 ;
17 Serg . &
Rawle ,
285 ;
2 Rawle ,
R .
241 .
Trover will be sustained for animals ferae naturae ,
reclaimed .
Hugh .
Ab .
Action upon the case of Trover and Conversion ,
pl .
3 .
But trover will not lie for personal property in the custody of the law ,
nor when the title to the property can be settled only by a peculiar jurisdiction ;
as ,
for example ,
property taken on the high seas ,
and claimed as lawful prize ,
because in such case ,
the courts of admiralty have exclusive jurisdiction .
Cam . &
N .
115 ,
143 ;
but see 14 John .
273 .
Nor will it lie where the property bailed has been lost by the bailee ,
or stolen from him ,
or been destroyed by accident or from negligence case is the proper remedy .
2 Iredell ,
98 .
4 .-
2 .
The plaintiff must at the time of the conversion have had a property in the chattel either general or special ;
1 Yeates ,
R .
19 ;
3 S . &
R .
509 ;
15 John .
R .
205 ,
349 ;
16 John .
R .
159 ;
1 Humph .
R .
199 ;
he must also have had actual possession or right to immediate possession .
The person who has the absolute or general property in a personal chattel may support this action ,
although he has never had possession ,
for it is a rule that the general property of personal chattels creates a constructive possession .
2 Saund .
47 a ,
note 1 ;
Bac .
Ab .
Trover ,
C ;
4 Rawle ,
R .
185 .
One who has a special property ,
which consists in the lawful custody of goods with a right of detention against the general owner ,
may maintain trover .
Story ,
Bailm .
93 n .
5 .-
3 .
There must have been a conversion ,
which may have been effected ,
1st .
By the wrongful taking of a personal chattel .
2d .
By some other illegal assumption of ownership ,
or by illegally using or misusing it ;
or ,
3d .
By a wrongful detention .,
Vide Conversion .
6 .-
4 .
The declaration should state that the plaintiff Was possessed of the goods (
describing them )
as of his own property ,
and that they came to the defendant '
s possession by finding ;
and the conversion should be properly averred ,
as that is the gist of the action .
It is not indispensable to state the price or value of the thing converted .
2 Wash .
192 .
See 2 Cowen ,
592 13 S . &
R .
99 ;
3 Watts ,
333 ;
1 Blackf .
51 ;
1 South 211 ;
2 South .
509 .
Vide form ,
2 Chitty '
s Pl .
370 ,
371 .
The usual plea is not guilty ,
which is the general issue .
Bull .
N .
P .
48 .
7 .-
5 .
The verdict should be for the damages sustained ,
and the measure of such damages is the value of the property at the time of the conversion ,
with interest .
17 Pick .
1 ;
7 Monr .
209 ;
1 Mete .
172 ;
8 Port .
R .
191 ;
2 Hill ,
132 ;
8 Dana ,
192 .
The judgment ,
when for the plaintiff ,
is that he recover his damages and costs ;
1 Chit .
Pl .
157 ;
when for the defendant ,
the judgment is that he recover his costs .
Vide ,
generally ,
1 Chit .
Pl .
147 to 157 Chit .
Pr .
Index ,
h .
t .;
Bac .
Ab .
h .
t .;
Dane '
s Ab .
h .
t .
Vin .
Ab .
h .
t .;
Com .
Dig .
Action upon the case upon trover ;
Id .
Pleader ,
2 I ;
Doct .
Pl .
494 ;
Amer .
Digests ,
h .
t .;
Bouv .
Inst .
Index ,
h .
t .
As to the evidence to be given in actions of trover ,
see Rose .
Civ .
Ev .
395 to 412 .
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