Atwater v. Mower
Supreme Court of Vermont
This was an action of trover, to recover the value of a cow. Plea — Not guilty. On the trial of the cause in the County Court., the plaintiff offered in evidence a writing, signed by the defendant, which is as follows; “Burlington, Feb. 12, 1833. Turned out and “delivered to P. Atwater, one white and red cow, which he “may dispose of in 14 days, to satisfy an execution, Jacob “Maeck v. me. ' Willard Mower.”
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This was an action of trover, to recover the value of a cow. Plea — Not guilty. On the trial of the cause in the County Court., the plaintiff offered in evidence a writing, signed by the defendant, which is as follows; “Burlington, Feb. 12, 1833. Turned out and “delivered to P. Atwater, one white and red cow, which he “may dispose of in 14 days, to satisfy an execution, Jacob “Maeck v. me. ' Willard Mower.” He also proved, that at the date of said writing, he was constable of Burlington and continued to hold that office until March following; that when the defendant gave said writing,…
1Opinion of the Court
The opinion of the Court was‘delivered by
Williams, C. J.
This case depends wholly on the construction we may give to the writing, executed by the defendant ,to the plaintiff. The plaintiff was a constable of the town of Burlington, and, as such, had an execution in favor of Mr. Maeck, against the defendant, dated 14 December 1832, and about a day or two before it was out, he paid the amount of the same to Mr. Maeck, the creditor, and at nearly the same time, the defendant executed the writing in'question, which is as follows:—
“Burlington February 12, 1833.
Turned out and delivered to P.…
2Cases cited1 opinion
- Langdon v. BuelNew York Supreme Court · 1832
3Cited by8 opinions
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Blodgett v. BlodgettSupreme Court of Vermont · 1875
- Coty v. BarnesSupreme Court of Vermont · 1847
- Faxon, Horton & Gallagher v. RidgeMissouri Court of Appeals · 1901
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