Taylor v. Wait
Supreme Court of Vermont
Trespass, with a count in trover, for four horses and a quantity of lumber and chair stock. Pleas, general issue, and justification under process. Trial by jury, September Term, 1881, Taft, J., presiding. Verdict directed for the defendant. This case has been before the court at another term, and the facts are reported in the 52d Vt. 544.
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The proceedings in favor of the bank appear to have been in invitum, and for the honest purpose of enforcing payment of Graham’s indebtedness to it. The law was invoked, and its process used, in the ordinary way for the collection of a debt. The bank was no party to the agreement between Graham and *470the Taylors, nor does it appear that it was even cognizant of it. The property was sold on the bank execution absolutely, for the purpose of obtaining payment and not for the purpose of obtaining security. The case is unlike Webster v. Denison, 25…
2Cases cited2 opinions
- Webster v. DenisonSupreme Court of Vermont · 1853
- Taylor v. WaitSupreme Court of Vermont · 1880