Last Updated:2022/12/24
If Beals obtained merely the possession, by fraud practiced upon the plaintiff, with fraudulent intent to deprive it thereof, and to appropriate the machine to his own use, and, immediately upon getting possession of it, did in fact fraudulently appropriate it to his own use, these acts constituted a larceny of the machine, and plaintiff could retake it, in whosesoëver possession it might be.
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If
Beals
obtained
merely
the
possession,
by
fraud
practiced
upon
the
plaintiff,
with
fraudulent
intent
to
deprive
it
thereof,
and
to
appropriate
the
machine
to
his
own
use,
and,
immediately
upon
getting
possession
of
it,
did
in
fact
fraudulently
appropriate
it
to
his
own
use,
these
acts
constituted
a
larceny
of
the
machine,
and
plaintiff
could
retake
it,
in
whosesoëver
possession
it
might
be.