LEWIS PUGH EVANS PUGH Vs. ASHUTOSH SEN

JUDGEMENT

(1.) The action in which the present appeal arises was, so far as is material to the appeal, an action of trover, the plaintiffs claiming damages for the conversion by the defendants of specific movable property, viz., coal wrongfully gotten from the plaintiffs mines and sold or otherwise disposed of by the defendants to their own use.

(2.) The appeal is by one defendant only the defendant Pugh and he raises two points of law: (1) that the claim in respect of his own personal working is barred by the Statute of Limitation, and (2) that, as to workings by his lessees, he has wrongly been held to be jointly liable with them, whereas in this respect the plaintiffs suit ought to have been dismissed as against him.

(3.) The plaintiffs claim alleged fraud as against all the defendants, but this issue was found against the plaintiff's by the trial Judge, and this finding is not questioned now.