Bigelow v. Huntley
Supreme Court of Vermont
This was an action of trover for a pair of horses. It appeared that on the 10th day of September 1834, one George Gray purchased a pair of horses of the plaintiff, to be paid for in drawing lumber within two years from the purchase, and that if the horses were not paid for at the end of two years, then the said Bigelow was to have a right to the horses. It further appeared that the horses were exchanged in October 1834 for the horses for which this suit was brought.
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This was an action of trover for a pair of horses. It appeared that on the 10th day of September 1834, one George Gray purchased a pair of horses of the plaintiff, to be paid for in drawing lumber within two years from the purchase, and that if the horses were not paid for at the end of two years, then the said Bigelow was to have a right to the horses. It further appeared that the horses were exchanged in October 1834 for the horses for which this suit was brought. That said trade was made by Gray, but that, before the exchange was completed Gray and Adams, the man with whom the-exchange was…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
-The sale of the horses by Bigelow to Gray was conditional. This being the case, the general property never passed. These sales are frequent, and it has always been considered that payment of the stipulated price was a condition precedent.
It is argued that such a sale is fraudulent in its effect. But we believe no case can be found, in which a mere conditional sale of thi s character has been held fraudulent in itself. The possession is consistent with the contract. And where there is no deception, the;re is nothing to sustain the suggestion…
2Cited by10 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Sumner v. WoodsSupreme Court of Alabama · 1880
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Armington v. HoustonSupreme Court of Vermont · 1866
- Bailey v. HarrisSupreme Court of Iowa · 1859
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