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Russel Coe v. Thomas English, William Denney Wilds, John T. Poor and Patrick Mellon

Delaware Court of Errors and Appeals1883
6 Houst. 56211 Del. 562

Authorities cited

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Opinion

majority opinion

The Court

charged the jury that if they were satisfied, from thé evidence, that the goods and chattels—the live stock in questian—were the property of Russel Coe, the plaintiff) and not the property of John R. Wilson, he was entitled to their verdict for the value of them; for if the defendants supposed that a judgment and execution of a justice of the peace against John R. Wilson, agent of Russel Coe, would be the same as such a judgment and execution against him, and would bind his goods just the same, because it was recovered for his debt as principal, and he was living out of the State at the time, and could not be directly sued here for it, they were very greatly mistaken.

R. Harrington and Bates for defendants.

The plaintiff had a verdict for one hundred and eighty-one dollars and ninety-four cents.