Legal Opinion

Shloss v. Cooper

Supreme Court of Vermont

Decided April 15, 1855PublishedCited by 2 opinions

Right of possession. Trespass. Trespass for a quantity of merchandise, which the defendants had attached as the property of one S. S. Kimball. Plea, the general issue, with notice of the attachment, &c. Trial by jury, June Term, 1854, — Peck, J. presiding.

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Right of possession. Trespass. Trespass for a quantity of merchandise, which the defendants had attached as the property of one S. S. Kimball. Plea, the general issue, with notice of the attachment, &c. Trial by jury, June Term, 1854, — Peck, J. presiding. The plaintiffs offered in evidence a bill of goods, receipted by S. S. Kimball, “ to sell or return on demand,” at the prices stated; and parol evidence tending to prove that said Kimball was in trade at Barton Village, and that said goods were left with said Kimball by the plaintiffs, at the date of said bill, to sell on commission at the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch, J.

The only question made in the present case is in regard to the sufficiency of the plaintiff’s title to maintain trespass.

It must be admitted, on all hands, we think, in the present case, that the general property in the goods remained in the plaintiff’s, and we think they had, also, the right to the immediate possession of all such of them as at any time remained unsold, and that they might, therefore, well maintain trespass. Judgment affirmed,

2Cited by2 opinions

  1. Rosencranz & Weber Co. v. HanchettAppellate Court of Illinois · 1889
  2. Staples v. SmithSupreme Judicial Court of Maine · 1861

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