Carney v. Dennison
Supreme Court of Vermont
Assumpsit for goods sold and delivered. Plea, general issue. On the trial, the plaintiff offered and read in evidence to the jury, a copy of a judgment in favor of Zacheus Walworth against Sylvester and Lund Bishop, and an execution issued thereon, with the return of the plaintiff, as a constable, on said execution, setting forth that he had levied the same, on certain property, — which he described in the return — -and had sold the same to one Joel Houghton, for the sum of…
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Assumpsit for goods sold and delivered. Plea, general issue. On the trial, the plaintiff offered and read in evidence to the jury, a copy of a judgment in favor of Zacheus Walworth against Sylvester and Lund Bishop, and an execution issued thereon, with the return of the plaintiff, as a constable, on said execution, setting forth that he had levied the same, on certain property, — which he described in the return — -and had sold the same to one Joel Houghton, for the sum of $390. To establish his right of recovery for said property, against the defendants, the plaintiff then offered to prove…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It is first objected to the plaintiff’s right of recovery, that an officer, selling goods upon execution, is not authorized to give credit, or part with the goods until the money is paid. But it is not perceived how, under the circumstances of this case, such an objection can be made to avail the defendants. The property was received under the purchase, and it does not appear that the purchaser’s title has ever been questioned. It is therefore needless to discuss the strict powers of the officer, as a mere servant or minister of the law; for…
2Cited by3 opinions
- Chase v. RobinsonSupreme Court of Vermont · 1912
- Bentley v. WhiteSupreme Court of Vermont · 1882
- Spencer v. Town School DistrictSupreme Court of Vermont · 1913