Stillwell v. Farewell
Supreme Court of Vermont
Trover for the conversion of a horse. Plea, the general issue. Trial by jury at the June term, 1890, Orange county, Tyler, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. The admission of the entry upon the plaintiff’s book as independent evidence was error. Godding, Adrar, v. Oroutt, 44 Yt. 54. That the defendant was intoxicated had no bearing upon the case and was improperly admitted. 1 Add. Tor.
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Trover for the conversion of a horse. Plea, the general issue. Trial by jury at the June term, 1890, Orange county, Tyler, J., presiding. Yerdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. The admission of the entry upon the plaintiff’s book as independent evidence was error. Godding, Adrar, v. Oroutt, 44 Yt. 54. That the defendant was intoxicated had no bearing upon the case and was improperly admitted. 1 Add. Tor. (Wood’sEd.) s. 541; Abbott v. Kimball et al., 19 Yt. 551; Nutt v. Wheeler, 30 Yt. 437; Tinker v. Morrill et al. 39 Yt. 477. In connection…
1Opinion of the Court
Tlie opinion of the court was delivered by
MUNSON, J.
The plaintiff, a livery stable keeper in Olielsea, claimed that he let the team in question to the defendant, to be driven to Barre, and that the defendant converted the property by taking it beyond the agreed destination. The defendant conceded that the team was originally engaged for a trip to Barre, and that he drove it to Montpelier; but he claimed that just before leaving the stable the contract was so modified as to permit this further use.
The plaintiff was permitted to produce in evidence, in connection with his testimony regarding…
2Cases cited3 opinions
- Lapham v. KellySupreme Court of Vermont · 1862
- Yale v. SaundersSupreme Court of Vermont · 1844
- Administrator of Burnham v. AdamsSupreme Court of Vermont · 1833
3Cited by13 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- State v. WilliamsSupreme Court of Vermont · 1920
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
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