Thrall v. Lathrop
Supreme Court of Vermont
Appeal from the judgment of a justice of the peace. The action was trover for a heifer. The case was referred, and from the report of the referee the following facts appeared. On the first of May, 1849, the plaintiff let one Thomas Perkins have a cow, to be kept for one year, in good order, and then to be returned, either forward with calf, or with the calf by her side, and for the use of the cow, Perkins was to pay the plaintiff five dollars at the expiration of the year.
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Appeal from the judgment of a justice of the peace. The action was trover for a heifer. The case was referred, and from the report of the referee the following facts appeared. On the first of May, 1849, the plaintiff let one Thomas Perkins have a cow, to be kept for one year, in good order, and then to be returned, either forward with calf, or with the calf by her side, and for the use of the cow, Perkins was to pay the plaintiff five dollars at the expiration of the year. In August, 1849, Perkins was released by the plaintiff from the contract, and Alvah Preston was substituted in his stead,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
We understand that the plaintiff is proved in this case to have been the original owner of the animal in question, and never to have parted with his title. Is there any thing in the case, then, which will estop him from now asserting his title against the defendant. This is claimed upon the ground that he did not assert any claim to the animal except upon a bill of sale, for the security of five dollars, which was shown upon the trial to have been paid, and that the defendant has acted upon the belief of the truth of this being the…
2Cases cited1 opinion
- Swift v. MoseleySupreme Court of Vermont · 1838
3Cited by8 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Welch v. SeymourSupreme Court of Connecticut · 1859
- Clement v. SpearSupreme Court of Vermont · 1883
- Tilden v. JohnsonSupreme Court of Vermont · 1880
- Ufford v. WinchesterSupreme Court of Vermont · 1897
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