In detinue, when the defendant state that he has either lost the deeds or delivered them to the plaintiff, it will be for the jury whether he has in truth lost them ; subject to the question (b), whether, even supposing that he has lost them, he is still liable in detinue. Supposing he is not so liable. but money not due to him has been paid to him under protest by the party entitled, in order to secure the delivery of the deeds or copies, the money so paid may still be recovered.
[1858] EngR 80, (1858) 1 F and F 48, (1858) 175 ER 620
Commonlii
England and Wales
Cited by:
See Also – Reeve v Palmer 25-Jun-1858
It is no answer for an attorney, when sued in detinue for a deed which has been intrusted to him by a client, to say simply that he has lost it.
Cockburn CJ said: ‘The jury have found that he lost it: and I am of opinion that that must be taken . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 11 December 2021; Ref: scu.288551