Legal Opinion

Bemis v. Morrill

Supreme Court of Vermont

Decided August 15, 1865PublishedCited by 5 opinions

Trover for a heifer. Plea the general issue, and trial by jury September Term, 1864, Peck, J., presiding. The plaintiff’s evidence tended to show that in July, 1861, the defendant offered to exchange his colt for the'plaintiff’s mare, and give a light red heifer and his note for ten dollars, and to keep the heifer for the plaintiff until foddering time, and that the trade was thus concluded between them.

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Trover for a heifer. Plea the general issue, and trial by jury September Term, 1864, Peck, J., presiding. The plaintiff’s evidence tended to show that in July, 1861, the defendant offered to exchange his colt for the'plaintiff’s mare, and give a light red heifer and his note for ten dollars, and to keep the heifer for the plaintiff until foddering time, and that the trade was thus concluded between them. The defendant gave the note, which has been paid, but refuses to give up the heifer, claiming, and his evidence tending to show, that he was only to give his colt and the ten dollar note for…

1Opinion of the Court

The opinion of the court was delivered by

Aldis, J.

To maintain trover the plaintiff must show his ownership of the chattel alleged to have been converted. In this case the defendant contends, that the plaintiff’s title to the heifer fails because the sale was not perfected by delivery.

*155As between the parties to a sale of a .chattel the title may pass without delivery. If all the other elements of a valid sale exist, viz : the mutual agreement of competent parties upon a legal consideration for a sale ; and if nothing more is to be done by them to complete their contract, then the title will…

2Cited by5 opinions

  1. Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
  2. Cox v. StateCourt of Criminal Appeals of Texas · 1917
  3. Griswold, Pearl & Co. v. ScottSupreme Court of Vermont · 1894
  4. Kimpton v. GloverSupreme Court of Vermont · 1868
  5. Patton v. Cardiner Bros.Supreme Court of Vermont · 1899

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