Hodgeden v. Hubbard
Vermont Supreme Court
18 Vt. 504 (1846)
Relevant factsFree
Hodgeden (plaintiff) fraudulently misrepresented his finances to buy a stove on credit from Hubbard's (defendant) warehouse and began carrying it home; when Hubbard discovered the fraud and confronted him with another man, Hodgeden drew a knife, and the other man restrained Hodgeden while Hubbard retook the stove. Hodgeden sued for assault and battery and won a small verdict, and Hubbard appealed.
IssueFree
Whether a party may be held liable for assault and battery when retaking possession of property fraudulently obtained from him, if he uses no more force than necessary.