Gale v. Gale
Supreme Court of Vermont
Trover. Plea, general issue. Trial by jury, March Term, 1898, Windham County, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff and defendant were divorced in March 1897, when a decree for alimony was made giving the furniture in question to the plaintiff, In April, 1897, the defendant carried it away, and upon trial claimed that the plaintiff had given it to him since the decree.
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Trover. Plea, general issue. Trial by jury, March Term, 1898, Windham County, Taft, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff and defendant were divorced in March 1897, when a decree for alimony was made giving the furniture in question to the plaintiff, In April, 1897, the defendant carried it away, and upon trial claimed that the plaintiff had given it to him since the decree. The gift was the only question litigated, and the jury were instructed that the plaintiff was entitled to recover unless the defendant by a fair balance of testimony…
1Opinion of the CourtRoss, C. J.
To recover in trover the plaintiff must establish his right to the possession of the property at the time of the conversion, and that the defendant has converted it to his own use. On the trial the defendant made no question but th at the plaintiff was entitled to the possession of the property, in contention, when it was claimed to have been converted, unless she had given it to him shortly before. He also conceded that he had taken the property and converted it to his use. In this posture of the case was the burden upon the plaintiff to establish affirmatively that she made no gift of the…
2Cases cited2 opinions
- Sowles v. CarrSupreme Court of Vermont · 1897
- Lamb v. FairbanksSupreme Court of Vermont · 1875
3Cited by2 opinions
- Lang v. HarwoodCourt of Appeals of Texas · 1940
- Chard v. DarlingtonSupreme Court of Minnesota · 1955