Rice v. Clark
Supreme Court of Vermont
This was an action of trover for an anchor. — Plea, the general issue. On the trial in the county court the plaintiff proved that in the fall of 1832, one Ephraim Blodget, was 'sailing a boat of the plaintiff’s, on board of which the anchor in question was used, being at that time at the Isle La Mott.
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This was an action of trover for an anchor. — Plea, the general issue. On the trial in the county court the plaintiff proved that in the fall of 1832, one Ephraim Blodget, was 'sailing a boat of the plaintiff’s, on board of which the anchor in question was used, being at that time at the Isle La Mott. The defendant applied to Blodget to borrow the anchor for one Sax of Chazy, telling Blodget that he had borrowed an anchor of Sax, which was on board of his boat then absent at Swanton, and that said Sax had sent for his anchor by one Peters who was then present, and that the defendant wished to…
1Opinion of the Court
The opinion of the court was delivered by
Redfielb, J.
The only question in this case is, whether the *110testimony given bad any tendency to show a conversion of the by the defendant. 'It is very well settled that a demand and refusal, when the defendant has it not in his power to deliver the property is no evidence of conversion. — Smith vs. Young, 1 Camp. 439. In the case referred to the deed which was the subject of the suit had been by defendant put into the hands of an attorney without authority, and the attorney claimed to hold itTyll lien, created in this way : — Whenever the plaintiff in…
2Cited by9 opinions
- Eckstein v. FrankNew York Court of Common Pleas · 1863
- Dodd v. PearsonDistrict Court, District of Columbia · 1968
- Buck v. AshleySupreme Court of Vermont · 1865
- Wetmore v. Hooker Co., Inc.Supreme Court of Vermont · 1941
- Green v. SperrySupreme Court of Vermont · 1844
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