Tinker v. Morrill
Supreme Court of Vermont
This was an action of trover for a wagon and harness with counts in case. Plea, general issue, with a tender of amends. Trial by jury at the June Term, 1865, Poland, Cli. J., presiding. The wagon and harness sued for, together with a horse, were attached by the plaintiff, who ■ was then sheriff of Orleans- county, on the 8th day of June, 1858, on a writ in favor of George R. Holmes against William Hull, of Stanstead, Canada.
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This was an action of trover for a wagon and harness with counts in case. Plea, general issue, with a tender of amends. Trial by jury at the June Term, 1865, Poland, Cli. J., presiding. The wagon and harness sued for, together with a horse, were attached by the plaintiff, who ■ was then sheriff of Orleans- county, on the 8th day of June, 1858, on a writ in favor of George R. Holmes against William Hull, of Stanstead, Canada. On the 17th day of June, 1858, the defendants, Morrill and Nelson, signed a receipt for said property in the usual form of an officer’s receipt. The property was then at…
1Opinion of the Court
At the present term the opinion of the court was delivered by
Kellogg, J.
The instructions to the jury which were excepted to by the defendants present the question whether a count in trover can be sustained by an attaching officer against the receiptors of the attached property, if the property becomes materially damaged or lessened in value through their negligence merely. It has long been the settled law oí this state that, if an an officer attaches property, and bails it to a receiptor who refuses to deliver it on request, trover may be sustained against the receiptor. Sibley v. Story, 8…
2Cases cited7 opinions
- Yale v. SaundersSupreme Court of Vermont · 1844
- Knapp v. WinchesterSupreme Court of Vermont · 1839
- Abbott v. KimballSupreme Court of Vermont · 1847
- Sibley v. StorySupreme Court of Vermont · 1836
- Brown v. GleedSupreme Court of Vermont · 1860
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3Cited by20 opinions
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- Lee v. Coon Rapids National BankSupreme Court of Iowa · 1913
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