Hodgeden v. Hubbard

Supreme Court of Vermont · 1846 · Torts

Tortsrecapture of chattelsfraudulent possessiontortschattelsrecaptureself-helpfraud

Facts

The plaintiff obtained possession of a stove from the true owner by falsehood and fraud, and it was admitted that title to the stove did not pass to him. The defendants, acting as agents of the true owner, attempted to retake the stove from the plaintiff. The record stated that it did not appear how much force was used, or its character, before the plaintiff assaulted the defendants. During the encounter, the plaintiff drew a knife while resisting the defendants' effort to regain the stove.

Issue

When a person has obtained possession of personal property by fraud so that title never passed, may the true owner or the owner's agents use necessary force to retake the property, and is the fraudulent possessor entitled to resist? Also, are the defendants liable if they used no more force than necessary to accomplish the retaking under the plaintiff's resistance?

Rule

Where personal property has been obtained by fraud such that title does not pass, the true owner or the owner's agents may retake the property from the fraudulent possessor if it can be done without unnecessary violence or breach of the peace. The fraudulent possessor has no lawful possession and no right to resist the retaking; if the owner or agents use only the force necessary to regain the property and no unnecessary violence, they are justified, but if they use more, they are liable.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Burlington, Vermont, Nolan Price talked his way into getting a portable kiln from Green Hollow Supply by falsely claiming he had already wired payment. The store later learned no payment had been sent, and title had not passed. Two employees located the kiln in Nolan's driveway and, when Nolan tried to block them, moved him aside with only the force needed to load it into their truck.

If Nolan sues the employees for battery and trespass to chattels, what is the best result?

Explanation. Where personal property is obtained by falsehood and fraud so that title does not pass, the true owner or the owner's agents may retake it if they do so without unnecessary violence or breach of the peace. The fraudulent possessor has no lawful possession and no right to resist. Because the employees used only the force necessary to overcome Nolan's unlawful resistance, they are justified.