The situation of Fouldes v Willoughby included bailment of two horses let free from a river ferry (real horses in the case not pictured)
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Trover will be the name with the action which lay, at frequent law, to the recovery of damages for the conversion of private property in his possession, ordinarily involving chattels held in bailment.
Within the 1841 circumstance of Fouldes v Willoughby (1841) 8 M & W 540, a ferryman was sued for conversion with the owner of two horses which he experienced put on board to become carried throughout a river. The ferryman subsequently refused to carry them, and in the event the operator declined to get them again on shore, the ferryman turned them free around the landing put. The operator remained aboard the ferry. He created no make an effort to retrieve his horses, which were being subsequently missing to him. It was argued this was an interference Along with the possession with the horses, and could well be a trespass. It had been a mere asportation with no conversion or interference with legal rights of possession, since the action in Placing the horses ashore had identified the right operator.
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The shape supposes a defendant may have arrive lawfully because of the possession of the products." The fiction was the allegation which the locating in trover was a collision. It was the plaintiff who desired https://orcid.org/0000-0002-9318-590X return of the chattel, which had been converted to the use of the defendant.[16] English case law in trover[edit]
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