Cate v. Fife & Child
Supreme Court of Vermont
Trover for a quantity of wood and lumber. Plea, the general issue. Trial by jury at the March Term, 1907, Washington County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion sufficiently states the case. It was error to exclude plaintiff’s offer that, previous to the settlement he had mortgaged the wood in question; with the privilege in the mortgagee of selling the wood and applying the proceeds on the mortgage indebtedness.
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Trover for a quantity of wood and lumber. Plea, the general issue. Trial by jury at the March Term, 1907, Washington County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion sufficiently states the case. It was error to exclude plaintiff’s offer that, previous to the settlement he had mortgaged the wood in question; with the privilege in the mortgagee of selling the wood and applying the proceeds on the mortgage indebtedness. By that mortgage plaintiff “sold and disposed of” the wood within the meaning of "the contract of settlement-. Coulter…
1Opinion of the CourtTyler, J.
Trover for a quantity of wood and lumber. The defendants claimed to own the property and denied converting it if the plaintiff owned it. The exceptions are to the rulings admitting and excluding testimony and to the refusal of the court to comply with one request to charge.
In the year 1895 the plaintiff was engaged in lumber business with defendant Child, and his evidence tended to show that he made a verbal contract with both the defendants, by which they were to furnish him money to buy logs, pay his help, insurance, taxes, and all other general expenses incident to the business; that they…
2Cases cited2 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Carpenter v. WilleySupreme Court of Vermont · 1892
3Cited by6 opinions
- In re Bean's WillSupreme Court of Vermont · 1912
- Fadden v. McKinneySupreme Court of Vermont · 1914
- Pearson v. DoddWest Virginia Supreme Court · 1975
- Union Safe Deposit & Trust Co. v. DudleySupreme Judicial Court of Maine · 1908
- Washington Railway & Electric Co. v. DittmanCourt of Appeals for the D.C. Circuit · 1915
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