Cox v. Hall
Supreme Court of Vermont
Trespass for taking a horse. Plea, the general issue, and trial by jury. On trial in the county court, — Royce, J., presiding, — the plaintiff offered, as a witness, one Peter Cox; to whose competency the defendants objected, on the ground of interest; and in support of the objection it was shown, that the witness, on the 20th day of January, 1843, was a part owner, with others, of the horse in question, and on that day sold the same to the plaintiff, and executed a bill of…
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Trespass for taking a horse. Plea, the general issue, and trial by jury. On trial in the county court, — Royce, J., presiding, — the plaintiff offered, as a witness, one Peter Cox; to whose competency the defendants objected, on the ground of interest; and in support of the objection it was shown, that the witness, on the 20th day of January, 1843, was a part owner, with others, of the horse in question, and on that day sold the same to the plaintiff, and executed a bill of sale to the plaintiff of the horse and other property, in which he covenanted that he was, with the other signers of the…
1Opinion of the Court
*194The opinion of the court was delivered by
Williams, Ch. J.
On the first question presented in this case, whether Peter Cox should have been excluded as a witness, we perceive no interest in him, created by the covenants in the bill of sale, which should exclude him. The covenant was, to secure the title, —and not to defend against the acts of a wrong doer. The covenant did not bind him either to deliver or defend the possession; and it appears by the bill of sale, that possession was delivered to the plaintiff. The principle recognized in the case of Seymour v. Beach, 4 Vt. 493, is, that the…
2Cases cited3 opinions
- Administrator of Seymour v. BeachSupreme Court of Vermont · 1832
- Hart v. HydeSupreme Court of Vermont · 1833
- Amadon v. MyersSupreme Court of Vermont · 1834
3Cited by7 opinions
- Riethmann v. GodsmanSupreme Court of Colorado · 1896
- Koch v. PetersWisconsin Supreme Court · 1897
- Callagan v. American Trust & Savings BankAppellate Court of Illinois · 1915
- Lee v. MaxwellMichigan Supreme Court · 1894
- Walker v. WonderlickNebraska Supreme Court · 1891
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