Bedell v. Foss
Supreme Court of Vermont
Assumpsit. Plea, general issue, and trial by jury, April Term, 1877, Powers, J., presiding. It appeared that on July 29,1871, the plaintiff sold a certain brown mare to Jewett Domas, and took therefor said Demás’ note for $78, secured by a lien on said mare; that afterwards and while ho had said mare in his possession subject to said lien, the said Demás exchanged her with the defendant for a certain horse ; that before said exchange and while negotiations therefor wore…
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Assumpsit. Plea, general issue, and trial by jury, April Term, 1877, Powers, J., presiding. It appeared that on July 29,1871, the plaintiff sold a certain brown mare to Jewett Domas, and took therefor said Demás’ note for $78, secured by a lien on said mare; that afterwards and while ho had said mare in his possession subject to said lien, the said Demás exchanged her with the defendant for a certain horse ; that before said exchange and while negotiations therefor wore pending, the plaintiff, defendant, and Demás met at one Henry Bedell’s, and talked about said lien and the conditions upon…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
This is an action of assumpsit, whereby the plaintiff seeks to recover upon an alleged promise by the defendant to pay him, the plaintiff, the sum of $73 for a certain mare, upon which the plaintiff had a lien for that sum, reserved by virtue of a conditional sale of the mare by him to one Demás.
The defendant, prior to the alleged promise, had exchanged another horse with Demás for the mare in question, and while the mare was in the custody of one Gray, where the defendant had placed her, the plaintiff took her into his possession, but…
2Cases cited1 opinion
- Houghton v. CloughSupreme Court of Vermont · 1857
3Cited by4 opinions
- Green v. DodgeSupreme Court of Vermont · 1906
- Davis v. RandallSupreme Court of Vermont · 1911
- Atwood v. JoyceSupreme Court of Vermont · 1937
- Rand v. BordoSupreme Court of Vermont · 1911