Poor v. Woodburn
Supreme Court of Vermont
Replevin for certain goods. Plea, not guilty, and trial by jury. April Term of the County Court, 1852, — Collameb, J., presiding. On trial, the plaintiff gave evidence, tending to prove that on the tenth day of September, A. ,D. 1849, one Eli S. Farr, of Windham, applied to the plaintiff, at Boston, to purchase goods on credit, and the plaintiff informed him that he should not so sell until further informed of his means.
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Replevin for certain goods. Plea, not guilty, and trial by jury. April Term of the County Court, 1852, — Collameb, J., presiding. On trial, the plaintiff gave evidence, tending to prove that on the tenth day of September, A. ,D. 1849, one Eli S. Farr, of Windham, applied to the plaintiff, at Boston, to purchase goods on credit, and the plaintiff informed him that he should not so sell until further informed of his means. That the said Eli then told the plaintiff that he was worth more than two thousand dollars beyond all his liabilities. Whereupon the plaintiff sold and delivered to said Eli,…
1Opinion of the Court
*239The opinion of the court was delivered by
Redfield, Ch. J.
In regard to the form of the judgment, the statute is explicit, when the verdict is entire for either party. And where part of the goods are properly replevied and part unlawfully, the verdict must be for 'both parties; for one, damages and costs, as to that portion upon which he maintains his replevin; and as to the defendant, for the return of the property improperly taken by the writ, damages for its detention, and costs. And if this is the proper form of the verdict, the judgment must follow the verdict, and the costs must be…
2Cases cited4 opinions
- Buffington v. GerrishMassachusetts Supreme Judicial Court · 1818
- Hodgeden v. HubbardSupreme Court of Vermont · 1846
- Dyer v. TiltonSupreme Court of Vermont · 1851
- Powell v. HinsdaleMassachusetts Supreme Judicial Court · 1809
3Cited by20 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Busenbarke v. RameyIndiana Supreme Court · 1876
- Lewis v. CohenSupreme Court of Vermont · 1991
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
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