Friday, October 10, 2014

Hodgeden v. Hubbard case brief summary


Hodgeden v. Hubbard case brief summary

F: Ruled in favor of P, saying that the D were not justified in forcibly taking the stove from P, or using force against him, but must resort to redress by legal process although P was guilty of misrepresentation and fraud in obtaining the stove. D appealed.
cause of action: trespass for assault and battery. P buyer purchased the stove on credit at the D’s store. Upon discovering P’s misrepresentation and fraudulent, D chased P and tried to take the stove away from P by force. P drew a knife.

No real purchase being made because obtained by fraudulent. Conversion case.
He could take the stove because of consent
I: Whether the owner can recover his or her property by means of violence or/and force against misrepresentable or/and fraudulent taker of the property.
R: The owner can recover his or her property by means of violence or/and force against misrepresentable or/and fraudulent taker of the property.
Not only to privilege to retake, privilege to self defense. After he drewed the knife, privilege to self defense.
C: reversed

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