Gragg v. Hull
Supreme Court of Vermont
Trover. Plea, tbe general issue. Trial by jury, December term, 1865, WiLSON, J., presiding. Tbe plaintiff introduced testimony tending to show that on the 27th day of December, 1858, he caused a writ of attachment to be issued in his favor on a promissory note against the defendant, returnable before a justice of the peace, with which writ Charles Robinson, the plaintiff’s attorney, and one Glines, a deputy sheriff, went, on the afternoon of the same day, to the defendant’s…
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Trover. Plea, tbe general issue. Trial by jury, December term, 1865, WiLSON, J., presiding. Tbe plaintiff introduced testimony tending to show that on the 27th day of December, 1858, he caused a writ of attachment to be issued in his favor on a promissory note against the defendant, returnable before a justice of the peace, with which writ Charles Robinson, the plaintiff’s attorney, and one Glines, a deputy sheriff, went, on the afternoon of the same day, to the defendant’s wheelwright shop in Derby, where the .defendant then resided, to make an attachment on said writ; that the officer…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The evidence in relation to the demand and refusal does not justify the charge of the court on the question of conversion. In the action of trover, a rightful demand and a wrongful refusal are in law a conversion. On trial there was a dispute as to the amount of property which the defendant had turned out and which the plaintiff had a right to demand, and upon the evidence the jury may have found the plaintiff entitled to no more of the property which the witness Bean demanded; than what the evidence on the part of the defendant tended to show…
2Cited by2 opinions
- Hill v. LarroSupreme Court of Vermont · 1881
- Wilder v. St. Johnsbury & Lake Champlain Rd.Supreme Court of Vermont · 1891