Legal Opinion

Patee v. Pelton

Supreme Court of Vermont

Decided January 15, 1876PublishedCited by 4 opinions

Case. Plea, the general issue. The case was referred, and it appeared from the referee’s report, that plaintiff and defendant exchanged carpets, and that at the time of the .exchange, one Irish had a valid lien on the carpets that defendant let plaintiff have, of which defendant had knowledge.

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Case. Plea, the general issue. The case was referred, and it appeared from the referee’s report, that plaintiff and defendant exchanged carpets, and that at the time of the .exchange, one Irish had a valid lien on the carpets that defendant let plaintiff have, of which defendant had knowledge. Defendant claimed that he notified plaintiff of Irish’s lien before the exchange, but plaintiff denied it; and the referee found, that if on this point the burden of proof was on plaintiff, then plaintiff had notice, and could not recover; but if the burden was upon the defendant, as the referee decided…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The seller of a commodity, if in possession of it, is always understood to undertake that it is his own. Long on Sales, Rand’s ed. 201; 2 Addison on Torts, Wood’s ed. 429. *184The law of exchange in this respect is the same as that of sale. Long on Sales, 1. So when the defendant, by exchange, having the carpets in his possession, sold them to the plaintiff, he impliedly warranted that he had a good title to them; and not having it — and on the facts reported he must have known of the lien, and so have known that he did not have it — by assuming…

2Cases cited1 opinion

  1. Goodenough v. SnowSupreme Court of Vermont · 1855

3Cited by4 opinions

  1. Edgerton v. MichelsWisconsin Supreme Court · 1886
  2. Turner v. HowardSupreme Court of Vermont · 1916
  3. Byrnside v. BurdettWest Virginia Supreme Court · 1879
  4. Reynolds v. RobertsSupreme Court of Vermont · 1885

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