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Hubbard (D) sold a stove to Hodgeden (P) on credit, but discovered immediately after the sale while P was taking the stove away that P had misrepresented his assets and credit. D quickly pursued P and overtook him about 2 miles away. P refused to return the stove and drew a knife. P was then subdued with force and D took possession of the stove. P sued and got a verdict of $1. The court charged that even if P was guilty of fraud and misrepresentation, D was still not justified in using force to regain the stove. D appealed.

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