An Essay On Possession in the Common Law
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& P. 143.
168 POSSESSION ANO TRESPASS. Part III.
material witness) a servant was sent by her mistress to a shop to get some shawls for the mistress to look at, and the servant obtained the shawls and on the way home appropriated them and was indicted for stealing them from the shopkeeper. The judge directed an acquittal^ saying, ' At common law no indictment could have been maintained for larceny by the mistress against the prisoner if she had been her servant. Jt must ie assumed that she recei...ved the goods properly, and that it afterwards entered into her mind to convert them to her own use. At that time^ in whom was the possession of the goods ? •" Here it would seem that the mistress, and not the servant, was the bailee, for there was no contract with the servant, and the view taken by Patteson J. is that the servant had the possession just as much as if the transaction had been one of sale to the mistress, and for this reason could not steal the shawls.
As between the servant and the mistress this view could hardly be questioned ; and as between the servant and the bailor the servant could not commit trespass vi et armis or theft, for no one but herself had possession.
What to read after An Essay On Possession in the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
& P. 143.
168 POSSESSION ANO TRESPASS. Part III.
material witness) a servant was sent by her mistress to a shop to get some shawls for the mistress to look at, and the servant obtained the shawls and on the way home appropriated them and was indicted for stealing them from the shopkeeper. The judge directed an acquittal^ saying, ' At common law no indictment could have been maintained for larceny by the mistress against the prisoner if she had been her servant. Jt must ie assumed that she recei...ved the goods properly, and that it afterwards entered into her mind to convert them to her own use. At that time^ in whom was the possession of the goods ? •" Here it would seem that the mistress, and not the servant, was the bailee, for there was no contract with the servant, and the view taken by Patteson J. is that the servant had the possession just as much as if the transaction had been one of sale to the mistress, and for this reason could not steal the shawls.
As between the servant and the mistress this view could hardly be questioned ; and as between the servant and the bailor the servant could not commit trespass vi et armis or theft, for no one but herself had possession.
What to read after An Essay On Possession in the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
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