Hodgeden v. Hubbard – Case Brief
Hodgeden v. Hubbard, 18 Vt. 504, 46 Am. Dec. 167 (1846).
Facts: Hubbard (D) sold a stove to Hodgeden (P) on credit but discovered immediately after the sale that Hodgeden had misrepresented his assets and credit. Hubbard quickly pursued Hodgeden and overtook him about 2 miles away. P refused to return the stove and drew a knife. D subdued P with force and recovered the stove. P sued and was awarded $1. The court held that D was not justified in using force to regain the stove, even if P had been guilty of fraud and misrepresentation. D appealed.
Issue: Under what circumstances can force be used to recover property?
Holding and Rule: There is a privilege to recapture chattels taken wrongfully by fraud or misrepresentation if it can be done without unnecessary violence to the person or a breach of the peace.
The court held that a wrongdoer has no privilege to resist recapture. A person may use reasonable force to recovery property which is fraudulently obtained. P resisted the recapture of the chattel by drawing a knife. Under these circumstances, the owner may use any force necessary to defend his person and to hold P by force if necessary.
Disposition: Reversed.
Notes: This is an example of the “fresh pursuit” doctrine. A person has the right to use force to recapture chattel in fresh pursuit. One is not entitled to use deadly force or create a breach of the peace, however.