Allen v. Knowlton
Supreme Court of Vermont
Trover for a heifer. Pleas, the general issue, and justification under process. The case was referred, and the referee reported the following facts: “ The plaintiff resided in Gardiner, Mass., in 1868, and his parents, George T. and Abby Allen, then resided in Williamsville, in Newfane. In the spring of 1868, the plaintiff visited his parents, and at that time his father gave him a calf not more than a week old.
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Trover for a heifer. Pleas, the general issue, and justification under process. The case was referred, and the referee reported the following facts: “ The plaintiff resided in Gardiner, Mass., in 1868, and his parents, George T. and Abby Allen, then resided in Williamsville, in Newfane. In the spring of 1868, the plaintiff visited his parents, and at that time his father gave him a calf not more than a week old. The plaintiff, desiring to raise a cow for his own use, then made an arrangement with his mother to keep and take charge of said calf, and furnished means to purchase shorts, upon…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
I. It is a well-recognized principle of law, that a debtor must be just rather than generous; that he will not be allowed to enrich his friends at the expense of his creditors. This principle does not render the making of gifts by a debtor unlawful, or invalid, as against his creditors, provided he retains other property amply sufficient to satisfy the legal demands of those creditors. The defendant asks the court to apply this principle for his protection in the case at bar. The referee has not found that the gift to the plaintiff — a heifer…
2Cases cited4 opinions
- Farnsworth v. ShepardSupreme Court of Vermont · 1834
- Lynde & Morse v. MelvinSupreme Court of Vermont · 1839
- Dewey v. ThrallSupreme Court of Vermont · 1841
- Town of Lyndon v. BeldenSupreme Court of Vermont · 1842
3Cited by2 opinions
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Newton v. ThomasSupreme Court of Vermont · 1940