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Bushel v. Miller

Court of King’s Bench
93 Eng. Rep. 428 (1718)


Facts

Porters used a hut to store goods at a wharf until the ship to which they were delivering the goods arrived. The plaintiff and the defendant were both porters and each had a right to use the hut. The plaintiff put goods that belonged to the owner of the goods in the hut such that the defendant could not get to his space in the hut without moving the plaintiff’s goods. When the defendant arrived at the hut, he moved the goods to get to his space, but failed to return them. The goods were then lost. The plaintiff ended up paying the owner for the value of the goods and then brought suit against the defendant for conversion.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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