Banister v. Ovitt
Supreme Court of Vermont
Trover for the. conversion of certain hay. Trial by jury at tke February term, 1892, Start, J., presiding. Verdict and judgment for the defendant. Tlie plaintiff excepts. Tke plaintiff claimed title to the hay in question under a chattel mortgage from one E. K. Hunt.
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Trover for the. conversion of certain hay. Trial by jury at tke February term, 1892, Start, J., presiding. Verdict and judgment for the defendant. Tlie plaintiff excepts. Tke plaintiff claimed title to the hay in question under a chattel mortgage from one E. K. Hunt. His evidence tended to show that said hay -was cut upon land belonging to tke said E. K. Hunt and stored in a barn standing upon land tke title to which was in kis wife, Nancy A. Hunt, but which he, the said E. K. Hunt, was then occupying. Tbe defendant claimed that the hay was cnt npon the land of the said Nancy A. Hunt, and was…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
The court below found that Mrs. Hunt has a pecuniary interest in the event of this suit if her testimony and that of the defendant tended tó show such interest, and if it did, that she had such an interest as it tended to show.
Their testimony tended to show that the hay in question was cut on Mrs. Hunt’s farm, stored in her barn, and belongs to her, and that the defendant fed it to her stock by her direction, supposing it to be hers.
This makes her interested in the event of the suit; for he who employs another to do an act in respect of which…
2Cases cited3 opinions
- Emery v. FowlerSupreme Judicial Court of Maine · 1855
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
- Labaree v. WoodSupreme Court of Vermont · 1882
3Cited by4 opinions
- Stam v. SmithSupreme Court of Missouri · 1904
- Farrington v. JennisonSupreme Court of Vermont · 1895
- Westcott v. Estate of WestcottSupreme Court of Vermont · 1896
- Griffin v. NicholasSupreme Court of Missouri · 1909