McLoud v. Wakefield
Supreme Court of Vermont
Replevin of a stock of hardware. Tried by court, December Term, 1897, Caledonia County, Thompson, J. presiding. Pro-forma judgment for the defendant. The plaintiff excepted. The plaintiff is assignee in insolvency of Lawson Brothers, and the defendant a deputy sheriff. The mortgage was framed to include such goods as might be purchased to replace those sold from the mortgaged stock, and contained a promise on the part of the mortgagors to keep the stock good.
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Replevin of a stock of hardware. Tried by court, December Term, 1897, Caledonia County, Thompson, J. presiding. Pro-forma judgment for the defendant. The plaintiff excepted. The plaintiff is assignee in insolvency of Lawson Brothers, and the defendant a deputy sheriff. The mortgage was framed to include such goods as might be purchased to replace those sold from the mortgaged stock, and contained a promise on the part of the mortgagors to keep the stock good. The mortgagor is entitled to possession until breach. Calkms v. Clement, 54 Yt. 637; Kimball v. Sattley, 55 Yt. 285; Denno v. Nash, 60…
1Opinion of the CourtThompson, J.
If the Bussey & McLeod Stove Co., for whom the defendant acted in taking possession of the goods replevied, had a right to take possession of the same, this action cannot be maintained. If the chattel mortgage of the goods from Lawson Brothers to W. P. Welch was invalid as to attaching creditors without notice, as claimed by the plaintiff, it was valid as between the parties thereto. A sale and delivery of the notes thereby secured to the Bussey & McLeod Stove Co., and a delivery therewith to them of the chattel mortgage, without an assignment thereof to them, authorized them as the agent of…
2Cases cited3 opinions
- Peabody v. LandonSupreme Court of Vermont · 1889
- Longey v. LeachSupreme Court of Vermont · 1885
- Enright v. DodgeSupreme Court of Vermont · 1892
3Cited by10 opinions
- Paska v. SaundersSupreme Court of Vermont · 1931
- Mason v. SaultSupreme Court of Vermont · 1919
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
- Campbell v. BryantSupreme Court of Vermont · 1925
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