Huse v. Estabrooks
Supreme Court of Vermont
Trover for two three-years-old and three two-years-old heifers. Heard on the report of a referee at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The mortgage was invalid for uncertainty in the description. Pingry, Chat. Mort., ss. 142, 143 ; Bowers v. Andrews, 52 Miss. 596; Nicholson v. Carpe, 58 Miss. 34; Barrett v. Pisch, 76 Iowa 553 ; Parker v. Chase & Buck, 62 Vt. 206. The description was sufficient.
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Trover for two three-years-old and three two-years-old heifers. Heard on the report of a referee at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The mortgage was invalid for uncertainty in the description. Pingry, Chat. Mort., ss. 142, 143 ; Bowers v. Andrews, 52 Miss. 596; Nicholson v. Carpe, 58 Miss. 34; Barrett v. Pisch, 76 Iowa 553 ; Parker v. Chase & Buck, 62 Vt. 206. The description was sufficient. Parker v. Cheney, 62 Vt. 206; Jones, Chat. Mort., ss. 53, 54; 1 Cobby, Chat. Mort., ss. 155 et seq.
1Opinion of the CourtRowell, J.
The plaintiff relies for recovery on a chattel mortgage of which he is assignee, wherein cattle of the kind in question are described as “two two-year-old heifers and three one-year-old heifers,” without more. The defendant was never a party to the mortgage, but purchased of the mortgagor after the mortgage was given.
There was no evidence before the referee tending to show that at the time the mortgage was executed the mortgagor “owned or 'was possessed of any stock of the kind described in the mortgage except what is therein described, and no claim was made that he did not then own and have…
2Cited by7 opinions
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- Desany v. ThorpSupreme Court of Vermont · 1897
- Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
- Hauseman Motor Company v. NapierellaCourt of Appeals of Kentucky (pre-1976) · 1928
- Joslyn v. Moose River Lumber Co.Supreme Court of Vermont · 1909
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