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Torts Keyed to Duncan
Hodgeden v. Hubbard
Citation:18 Vt. 504 (1846)
The plaintiff came to defendant’s store with the intention of purchasing a new stove. He convinced the store to sell him a stove on credit on account of his professed assets and ability to pay. He gave the store a promissory note payable in 6 months.
After plaintiff left the store, defendant’s learned that he had been untruthful as to his ability to pay and amount of property he owned. Defendant’s sought to take the stove back from plaintiff, and tracked him down about two miles from the store. Some violence was apparently required in taking back the stove, the plaintiff drew out his knife in an attempt to guard the property, but one of the defendant’s was able to hold him off while the other took possession of the stove.
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