Pettingill v. Elkins
Supreme Court of Vermont
Trover for a set of Jewett milk-pans. Plea, the general issue. Plaintiff waived all objection to the admission of evidence tending to show that defendant had title to the property. Trial by jury, September Term, 1877, Pierpoint, C. J., presiding.
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Trover for a set of Jewett milk-pans. Plea, the general issue. Plaintiff waived all objection to the admission of evidence tending to show that defendant had title to the property. Trial by jury, September Term, 1877, Pierpoint, C. J., presiding. It appeared that said pans had been the property of H. E. Pettingill, plaintiff’s father, and kept and used by him on a farm in North Troy, of which he was in possession, until some time in the fall of 1875. Plaintiff’s evidence tended to show, that in September or early in October of that year, upon a settlement between himself, a minor, but…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The first exception is in regard to the correctness of the charge in respect to change of possession.
The court, in substance, charged the jury, that if the sale of the pans from the plaintiff’s father was made in good faith and without any purpose to defraud his father’s creditors, and if the father, agreeably to and in compliance with the terms of the sale, did, when he was through using the pans that season, put them into the unoccupied house of Porter for the plaintiff, in the place of the sleds, which the plaintiff had stored there with the…
2Cases cited5 opinions
- Gale v. LincolnSupreme Court of Vermont · 1839
- Missisquoi Bank v. EvartsSupreme Court of Vermont · 1873
- Bailey v. QuintSupreme Court of Vermont · 1850
- Stevens v. TalcottSupreme Court of Vermont · 1839
- Hammond v. PlimptonSupreme Court of Vermont · 1858
3Cited by3 opinions
- Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
- Hildreth v. FittsSupreme Court of Vermont · 1881
- State v. YoungSupreme Court of Vermont · 1894