Legal Opinion

Paris v. Vail

Supreme Court of Vermont

Decided February 15, 1846PublishedCited by 13 opinions

Trespass on the Case for injury to the reversionary interest of the plaintiff in certain personal property, with a count in trover for the same property. Plea, the general issue, and trial by jury, — ■ Williams, Ch. J. presiding.

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Trespass on the Case for injury to the reversionary interest of the plaintiff in certain personal property, with a count in trover for the same property. Plea, the general issue, and trial by jury, — ■ Williams, Ch. J. presiding. On trial the plaintiff gave in evidence an indenture, executed by himself and Ephraim Chase, bearing date March 1, 1837, by which he leased to Chase certain premises, and also certain stock and farming utensils, valued at $1000, for the term of ten years; and the lease, among other provisions, contained a stipulation, that the lessee should keep on the premises, so…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

As to the thousand dollars of stock originally put upon the premises by the lessor, and which the lessee covenanted to keep at all times during the term, so that the value should never fall below that sum, we do not find any serious difficulty in upholding the contract, according to the obvious intention of the parties. It is true, indeed, that, as a mere lien, such a contract might be objectionable ; for in strictness a lien exists no longer, than the thing itself is retained. But conditional sales have been upheld in this State, by…

2Cases cited2 opinions

  1. Abbott v. GoodwinSupreme Judicial Court of Maine · 1841
  2. West v. BoltonSupreme Court of Vermont · 1832

3Cited by13 opinions

  1. Chandler v. SpearSupreme Court of Vermont · 1850
  2. Whitwell v. WarnerSupreme Court of Vermont · 1848
  3. Farnum v. HefnerCalifornia Supreme Court · 1889
  4. Whiting v. AdamsSupreme Court of Vermont · 1894
  5. Baxter v. BushSupreme Court of Vermont · 1857

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