Hurd v. Fleming
Supreme Court of Vermont
Trespass for taking and driving away seventy sheep. Plea, not guilty, trial by jury. It appeared that the plaintiff sold and delivered the sheep in question to Crawford Woodward, and took his note lor the same on the 23d day of September, A. D. 1856, with a further agreement as follows: “ Received, Sandgate, Sept. 23d, 18§6, of C. J. I-Iurd, seventy sheep, which I am to keep in good condition, provided I pay said Hurd one hundred and ninety dollars with use, on or before the…
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Trespass for taking and driving away seventy sheep. Plea, not guilty, trial by jury. It appeared that the plaintiff sold and delivered the sheep in question to Crawford Woodward, and took his note lor the same on the 23d day of September, A. D. 1856, with a further agreement as follows: “ Received, Sandgate, Sept. 23d, 18§6, of C. J. I-Iurd, seventy sheep, which I am to keep in good condition, provided I pay said Hurd one hundred and ninety dollars with use, on or before the first day of July next, moaning at shearing time, the said sheep are to become mine, otherwise they are to remain said…
1Opinion of the Court
Poland, Ch. J.
The law is well settled that to entitle a plaintiff to maintain trespass for personal property, he must have át the time the property is taken by the defendant, either the actual possession of it, or title'to it, and the right of present possession. At the time the sheep were taken by the defendant in this case, the plaintiff had not the actual possession of them ; they were in the possession of Woodward, under the contract of conditional sale irom the plaintiff to him.
It is not questioned but that the plaintiff was the general owner at the time, and the right of the owner of…
2Cases cited4 opinions
- Grant v. KingSupreme Court of Vermont · 1842
- Swift v. MoseleySupreme Court of Vermont · 1838
- West v. BoltonSupreme Court of Vermont · 1832
- Bigelow v. HuntleySupreme Court of Vermont · 1836
3Cited by7 opinions
- Armington v. HoustonSupreme Court of Vermont · 1866
- Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
- Campbell v. BryantSupreme Court of Vermont · 1925
- Roberts v. HuntSupreme Court of Vermont · 1889
- Willmarth v. PrattSupreme Court of Vermont · 1884
2 more not listed; retrieve them via the Exa API.