Chaffee v. Sherman
Supreme Court of Vermont
Trespass for certain goods of the plaintiff. The cause came to the county court by appeal from the judgment of a justice of the peace. Plea, the general issue, and trial by the court.
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Trespass for certain goods of the plaintiff. The cause came to the county court by appeal from the judgment of a justice of the peace. Plea, the general issue, and trial by the court. It appeared on trial, that the goods described in the declaration were taken by the defendant from the possession of one Jacob H. Lampson by virtue of a writ of attachment, in favor of one Ebenezer Porter, against said Lampson, regularly issued and put into the hands of the defendant, (who was constable of Poultney,) for service, upon which judgment was rendered and execution duly issued, and put into the…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
It seems that the plaintiff was secured by a deposit of money, to the full value of the first bill, and actually paid all of the second bill except $4,12, so that in fact he cannot have any ultimate equity, beyond the sum of $4,12. All that is recovered beyond that sum, must go tothe credit, and for the benefit of Lampson. Beyond that, this suit is Lampson’s suit. And if the property was so situated, that it was exempt from attachment, on his debts, the defendant is a mere wrong doer, and the suit might well have been in Lampson’s own…
2Cited by3 opinions
- Armington v. HoustonSupreme Court of Vermont · 1866
- Hayward Rubber Co. v. DunckleeSupreme Court of Vermont · 1856
- Blackwell, Thompson & Co. v. Walker Bros. & Co.United States Circuit Court · 1880