Hall v. Williams
Supreme Court of Vermont
Purchase of property by an agent without disclosing his agency. Trover for a quantity of lumber, which the defendant attached as the property of one Walter W. Fish and which was regularly disposed of upon process against said Fish. The cause was refered and the referee reported the following facts.
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Purchase of property by an agent without disclosing his agency. Trover for a quantity of lumber, which the defendant attached as the property of one Walter W. Fish and which was regularly disposed of upon process against said Fish. The cause was refered and the referee reported the following facts. During the months of February, March, and April, and to the 9th of May, 1850, Fish resided in Jamacia, and tended a grist mill owned by one Harrington, adjoining a saw mill also owned by Harrington, run on shares by one Smith.- In February, 1850, the plaintiff, residing in Townshend, employed Fish…
1Opinion of the Court
*409The opinion of the court was delivered, at the circuit session in September, by
Bennett, J.
The only question seems to be, to whom did the property attached belong ? Was it the property of Fish, or did it belong to the plaintiff ?
It is true, as a general rule, as the plaintiff’s counsel argue, that, upon a purchase, the property vests in the person from whom the consideration moves, as against creditors; and in this case the consideration moved from Hall, the principal, and not from Fish, the agent. Though the agent, Fish, might have sometimes made advances for his principal, yet it was on the…
2Cases cited2 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Collins v. ButtsNew York Supreme Court · 1833
3Cited by2 opinions
- Deavitt v. HookerSupreme Court of Vermont · 1901
- James O. Safford & Co. v. GallupSupreme Court of Vermont · 1880