H. C. Jaquith Co. v. Shumway's Estate
Supreme Court of Vermont
Appeal from the disallowance by the commissioners on tbe estate of J. Q. Shumway of a claim presented by The H. C. Jaquith Co. Declaration, trover for a mare seized and sold on a tax warrant against another. Plea, the general issue. Trial by jury at the April Term, 1907, Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The .only issue was as to the ownership of the mare and her value.
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Appeal from the disallowance by the commissioners on tbe estate of J. Q. Shumway of a claim presented by The H. C. Jaquith Co. Declaration, trover for a mare seized and sold on a tax warrant against another. Plea, the general issue. Trial by jury at the April Term, 1907, Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The .only issue was as to the ownership of the mare and her value. The mare was taken from the possession of E. B. Jaquith at Plymouth on August 19, 1904, by J. Q. Shumway, as collector of taxes for the town of Jamaica, on a…
1Opinion of the CourtTyler, J.
The plaintiff seeks to recover in this action of trover the value of a certain black mare which the intestate in his lifetime, as a tax collector, seized and sold as the property of E. B. Jaquith upon a tax warrant against him.
*560The issue in the trial court was whether the mare was owned by the company or by Jaquith. The burden of proof was upon the plaintiff.
The plaintiff, a corporation, had its place of business and legal residence in Weston, and Jaquith was its president and general manager.
The plaintiff claimed, and its evidence tended to show, that Jaquith, as general manager, on Nov. 1,…
2Cases cited3 opinions
- Stillwell v. FarewellSupreme Court of Vermont · 1891
- Foot & Hodges v. Rutland & Whitehall RailroadSupreme Court of Vermont · 1860
- Cross v. BartholomewSupreme Court of Vermont · 1869
3Cited by9 opinions
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- Reed v. RowellSupreme Court of Vermont · 1926
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