Armington v. Houston
Supreme Court of Vermont
Trover for two barrels of flour, three tubs of butter, two half barrels of salt fish, one barrel of crackers, one box of tea and three barrels of salt beef. Plea, th,e general issue, and trial by jury at the April Term, 1864, Aldis, J., presiding. The property was taken by the defendant as constable on a writ of attachment in favor of Marshall H. Burgess against one Anson Thompson, and sold upon said original writ.
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Trover for two barrels of flour, three tubs of butter, two half barrels of salt fish, one barrel of crackers, one box of tea and three barrels of salt beef. Plea, th,e general issue, and trial by jury at the April Term, 1864, Aldis, J., presiding. The property was taken by the defendant as constable on a writ of attachment in favor of Marshall H. Burgess against one Anson Thompson, and sold upon said original writ. The taking of the property, demand by the plaintiff before service of the writ, and conversion by. the defendant, are admitted. The other facts, and the charge of the court, — to…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The court instructed the jury in this case that the conditions of the sale of the goods by the plaintiff to Thompson, to the effect that the goods should remain the property of the plaintiff until they were paid for, were void as against an attaching creditor of Thompson, as well as against Thompson, if it was the understanding and intention of both the parties, at the time of the purchase, that the goods might be used and consumed by Thompson before they were paid for, without the further consent of the plaintiff. The goods in question…
2Cases cited10 opinions
- Hentz v. Long Island RailroadNew York Supreme Court · 1852
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
- West v. BoltonSupreme Court of Vermont · 1832
- Bigelow v. HuntleySupreme Court of Vermont · 1836
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3Cited by17 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Edwards v. Baldwin Piano Co.Supreme Court of Florida · 1920
- Rogers v. WhitneySupreme Court of Vermont · 1917
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
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