Brunswick-Balke Collender Co. v. Herrick
Supreme Court of Vermont
This was an action in replevin for certain billiard table slates, against the defendant in possession as messenger for the Court of Insolvency in proceedings against Ainsworth & Cole, insolvent debtors. Heard upon the report of a referee at the September term, 1890, Taft J., presiding. Judgment for the plaintiff. The defendant excepts. The slates had been manufactured under the contract hereinafter set forth.
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This was an action in replevin for certain billiard table slates, against the defendant in possession as messenger for the Court of Insolvency in proceedings against Ainsworth & Cole, insolvent debtors. Heard upon the report of a referee at the September term, 1890, Taft J., presiding. Judgment for the plaintiff. The defendant excepts. The slates had been manufactured under the contract hereinafter set forth. The referee found that they had been manufactured for the plaintiff upon specific orders from the plaintiff to the defendants ; that they had been paid for by the plaintiff upon request…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
Upon the facts found by the referee, we hold that the slate in question was subject to attachment by the creditors of Ainsworth & Cole, at the time of the adjudication in insolvency, and that the same passed to. their assignee.
By the terms of the contract relied upon by the plain tiff, the slate was to be delivered on the cars in Castleton. It was not so *291delivered. It was ready for shipment, partly packed, on the premises of Ainsworth & Cole in Poultney, and in the possession of the defendant as messenger of the court of insolvency for the…
2Cases cited6 opinions
- Andrews v. . DurantNew York Court of Appeals · 1854
- Weeks v. PrescottSupreme Court of Vermont · 1880
- Hale v. HuntleySupreme Court of Vermont · 1849
- Collender Co. v. MarshallSupreme Court of Vermont · 1884
- Dittmar v. NormanMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mears v. DanielsSupreme Court of Vermont · 1911
- Western Education Society v. HuntingtonOhio Superior Court, Cincinnati · 1914