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Earl v Dodd

Morning Advertiser, Thursday 11 June 1829


This was an action in trover brought to recover possession of a harp detained from the plaintiff by the defendant.


Mr Brougham and Mr Thessinger appeared for the defendant. The plaitiff is a respectable chemist and druggist, at Winchester, and now Mayor of that town. In January, last year, he employed a friend to purchase a harp for him, for which he gave 40 guineas to a broker in Whitechapel, at whose shop it was openly exposed for sale. The instrument, however, wanted some repairs, and Mr Dodd’s name, as the maker, being on it, it was sent to him to be put in order. As soon as Mr Dodd saw it, he recognised it as one that he had lent, in 1824, to a lady now in Newgate, under sentence of transportation for swindling, but then living in Hampstead, and going by the name of Sanders (alias Sutton Cook). Mr Dodd related how he had been defrauded out of it, but said that he had escaped the expense of a prosecution, by being out of the way when he was called on. He sent notice around several pawn-brokers at the time, and among others to Mr Chaffers, in Greek-street, who has also a shop in Watling-street, at which latter the harp was pawned, and through which it passed into the hands of the broker.


Mr Justice Littledale being of the opinion that the right of property was not changed by the fraudulent obtainment by Mrs Sanders, Mr Brougham consented to be nonsuite.

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