Kidney v. Persons
Supreme Court of Vermont
Assumpsit. The declaration contained only the general counts. Plea, the general issue. Trial by jury, June term, 1868, Orleans county, Steele, J., presiding. The plaintiff’s evidence tended to show that the plaintiff pawned or pledged a watch to secure the payment of a debt he owed. The defendant obtained the possession of the watch in 'the right of the creditor. The plaintiff’s evidence tended to show that the defendant sold the watch before he had a right so to do.
Read the full summary
Assumpsit. The declaration contained only the general counts. Plea, the general issue. Trial by jury, June term, 1868, Orleans county, Steele, J., presiding. The plaintiff’s evidence tended to show that the plaintiff pawned or pledged a watch to secure the payment of a debt he owed. The defendant obtained the possession of the watch in 'the right of the creditor. The plaintiff’s evidence tended to show that the defendant sold the watch before he had a right so to do. The defendant received no money for the watch but sold it for a harness. After the plaintiff’s evidence was heard, the…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
This is an action of assumpsit, the declaration containing only the common counts. The question is whether the de*389fendant is liable on the facts, as upon an implied promise to pay for the watch in controversy. The exceptions contain a meagre-statement of the case, disclosing merely that the plaintiff pawned' or pledged the watch to secure the payment of a debt he was' owing ; that the defendant obtained the possession of it in right of the pawnee or pledgee, and sold it before he had a right for a harness, receiving no money in fact for either.…
2Cases cited11 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Sage v. WilcoxSupreme Court of Connecticut · 1826
- Elwell v. MartinSupreme Court of Vermont · 1859
- Morrill v. MoultonSupreme Court of Vermont · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Iowa Railroad Land v. SoperSupreme Court of Iowa · 1874
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Memphis & Charleston Railroad v. GraysonSupreme Court of Alabama · 1889
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Saville, Somes & Co. v. WelchSupreme Court of Vermont · 1886
3 more not listed; retrieve them via the Exa API.