Hutchins v. Olcutt
Supreme Court of Vermont
This was an aelion of trover for two boxes of pine boards. Plea, the general issue. On the trial the plaintiff adduced evidence tending to show, that one Slyfield in the fall of 1828, procured a large quantity of pine lumber to be sawed at the defendant’s mills, on Connecticut river, below Hanover ; that part of said lumber belonged to Slyfield and one Little, and the remainder belonged to Slyfield and one Gregory ; that the defendant resided at Hanover, and Slyfield, Little…
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This was an aelion of trover for two boxes of pine boards. Plea, the general issue. On the trial the plaintiff adduced evidence tending to show, that one Slyfield in the fall of 1828, procured a large quantity of pine lumber to be sawed at the defendant’s mills, on Connecticut river, below Hanover ; that part of said lumber belonged to Slyfield and one Little, and the remainder belonged to Slyfield and one Gregory ; that the defendant resided at Hanover, and Slyfield, Little and Gregory resided at Haverhill, all in the state of New-Ham'pshire ; that Slyfield in the month of December, 1828,…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, J.
The defendant claims a right in this case to detain the lumber for which this action was brought,until he is paid a sum of money due to him from the firm of Slyfield Little and Slyfield &, Gregory, for sawing the same. The case presents the following questions.
1. Whether a person has any lien on lumber, sawed at his mills, for the sawing.
2nd. Whether the lien, if any existed, was waived by accepting the negotiable promissory note of Slyfield in payment of the account for sawing.
3d. Whether the demand,for which the lien is claimed,was paid…
2Cases cited3 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Wright v. First Crockery Ware Co.Superior Court of New Hampshire · 1818
- Shankland v. Corporation of WashingtonU.S. Circuit Court for the District of District of Columbia · 1828
3Cited by21 opinions
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Selby v. StanleySupreme Court of Minnesota · 1860
- Collamer v. LangdonSupreme Court of Vermont · 1856
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Dana v. BinneySupreme Court of Vermont · 1835
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