Legal Opinion

Duncan v. Stone

Supreme Court of Vermont

Decided November 15, 1872PublishedCited by 13 opinions

Trover for a wagon. Plea, the general issue, with notice of special matter. Trial by jury, April term, 1871, Chittenden county, Pierpoint, C. J., presiding. It appeared from the testimony, and was not disputed, that in August, 1869, the plaintiffs sold and delivered the wagon in question to one McCarty, for $120, to be paid-in monthly installments of $10, and that the wagon was to remain the property of the plaintiffs until fully paid for.

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Trover for a wagon. Plea, the general issue, with notice of special matter. Trial by jury, April term, 1871, Chittenden county, Pierpoint, C. J., presiding. It appeared from the testimony, and was not disputed, that in August, 1869, the plaintiffs sold and delivered the wagon in question to one McCarty, for $120, to be paid-in monthly installments of $10, and that the wagon was to remain the property of the plaintiffs until fully paid for. It was conceded that the defendant was a constable of the town of Colchester in 1869 and 1870, and was authorized to serve the process hereafter mentioned…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

Before the statute of 1854, the delivery of property under such a contract of conditional sale as appears in this case, was a mere bailment, and carried no attachable interest in the property to the bailee. West v. Bolton, 4 Vt. 558; Bigelow v. Huntley, 8 Vt. 151; Smith v. Foster, 18 Vt. 182; Buckmaster v. Smith, 22 Vt. 203. A creditor of the bailee could not, by attachment, acquire any right to stand in his place and pay off the claim of the conditional vendor, and thus make the property attachable. Buckmaster v. Smith, before cited. If…

2Cases cited6 opinions

  1. Buckmaster v. SmithSupreme Court of Vermont · 1850
  2. West v. BoltonSupreme Court of Vermont · 1832
  3. Bigelow v. HuntleySupreme Court of Vermont · 1836
  4. Smith v. FosterSupreme Court of Vermont · 1846
  5. Fales v. RobertsSupreme Court of Vermont · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Harkness v. RussellSupreme Court of the United States · 1886
  2. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  3. Duke v. ShacklefordMississippi Supreme Court · 1879
  4. Heinbockle v. ZugbaumMontana Supreme Court · 1885
  5. McComb v. Donald's AdministratorSupreme Court of Virginia · 1886

8 more not listed; retrieve them via the Exa API.

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