A. M. McPhail & Co. v. Gerry
Supreme Court of Vermont
Trespass for taking a piano on which the plaintiffs had a lien. Heard, December Term, 1881, Orange County court, on the report of a referee, Powers, J., presiding. Judgment pro forma for defendant.
Read the full summary
Trespass for taking a piano on which the plaintiffs had a lien. Heard, December Term, 1881, Orange County court, on the report of a referee, Powers, J., presiding. Judgment pro forma for defendant. The referee reported that the plaintiffs, on the 7th day of June, 1876, sold and delivered to one'Mark S. Page a piano for the price of $300 ; that they took a note for the same, payable in installments of $25 each month, and reserved a lien on the piano, as follows: “ Which said piano is to remain the property of said McPhail & Co. until the above sum of $300 is paid in full; and the said McPhail…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The disposition of this case depends upon the construction of the act of 1872, relating to liens reserved, on property sold; whether the words “ without notice” refer to and qualify the words “ attaching creditors,” as well as “ subsequent purchasers.” The defendant contends that they do not, as there is no comma after the word “purchasers”; but it appears that in the original act the comma was there inserted ; and in this respect the original act must govern instead of the printed copy. We think the construction contended for by the defendant…
2Cited by7 opinions
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Clinton v. MillerMontana Supreme Court · 1951
- Potter v. StateSupreme Court of Alabama · 1890
- Crumrine v. ReynoldsWyoming Supreme Court · 1904
- Singer Manufacturing Co. v. NashSupreme Court of Vermont · 1898
2 more not listed; retrieve them via the Exa API.