Labbee v. Johnson
Supreme Court of Vermont
Trover for the conversion of a horse. Heard at the May term, Windsor county, 1893, Munson, J., presiding, upon the report of a referee and exceptions thereto. The court overruled the exceptions and gave judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover for the conversion of a brown horse. The referee reported that the plaintiff had swapped this brown horse with the defendant for a black mare, giving the defendant seventy dollars boot.
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Trover for the conversion of a horse. Heard at the May term, Windsor county, 1893, Munson, J., presiding, upon the report of a referee and exceptions thereto. The court overruled the exceptions and gave judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover for the conversion of a brown horse. The referee reported that the plaintiff had swapped this brown horse with the defendant for a black mare, giving the defendant seventy dollars boot. For the purpose of securing the payment of this seventy dollars the plaintiff gave the defendant a lien note on the black mare,…
1Opinion of the CourtThompson, J.
The only question made is in respect to the admission of parol evidence to show that as a part of the trade by which the parties exchanged horses it was agreed that if the black mare received by the plaintiff of the defendant was not all right and satisfactory he might return her, and the defendant would return the brown horse in suit to the plaintiff. The defendant contends that the execution and delivery of the note and lien described in the referee’s report precludes the plaintiff from showing by parol what the contract of exchange in fact was. The contention is not sound. The lien note…
2Cases cited5 opinions
- Winn v. ChamberlinSupreme Court of Vermont · 1859
- Reynolds v. HassamSupreme Court of Vermont · 1884
- Park v. McDanielsSupreme Court of Vermont · 1865
- Perry v. DowSupreme Court of Vermont · 1884
- Stewart v. MartinSupreme Court of Vermont · 1877
3Cited by6 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Big G Corp. v. HenrySupreme Court of Vermont · 1987
- Taplin v. MarcySupreme Court of Vermont · 1908
- Kinnear & Gager Manufacturing Co. v. MinerSupreme Court of Vermont · 1914
- Gilman Bros. v. WilliamsSupreme Court of Vermont · 1902
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