Hudson v. Nute
Supreme Court of Vermont
General assumpsit to recover for the beeping of defendant’s stage horses. Pleas, the general issue, and offset. Trial by the court on an agreed statement of facts, June term, 1872, Ross, J., presiding.
Read the full summary
General assumpsit to recover for the beeping of defendant’s stage horses. Pleas, the general issue, and offset. Trial by the court on an agreed statement of facts, June term, 1872, Ross, J., presiding. The defendant pleaded in offset that he delivered his four stage horses to the plaintiff, to be kept at hay and grain, at and for a certain price agreed upon between them, and that the plaintiff was to re-deliver said horses to the defendant on request, and the defendant was to have the right to take said horses, or any of them, at any and all times, to use in and about his business of carrying…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is assumpsit for the keep of defendant’s stage horse.s; and upon the agreed statement of the case, *68the question is raised whether the defendant’s special pleas in offset may be, legally, predicated upon the facts stated. The offset counts upon the refusal of the plaintiff to deliver defendant’s horses on demand. The plaintiff having the possession at the time of demand, the refusal to deliver was a conversion. The agreement was “ to keep defendant’s horses.” The withholding the possession from defendant was as much a tort as if…
2Cases cited5 opinions
- Keyes v. Western Vt. Slate Co.Supreme Court of Vermont · 1861
- Stearns v. DillinghamSupreme Court of Vermont · 1850
- Kidney v. PersonsSupreme Court of Vermont · 1868
- Hubbard v. FisherSupreme Court of Vermont · 1853
- Thompson v. CongdonSupreme Court of Vermont · 1871
3Cited by2 opinions
- Economou v. CarpenterSupreme Court of Vermont · 1965
- TEMPLETON CONSTRUCTION COMPANY v. KellySupreme Court of Vermont · 1972