Turner v. Waldo
Supreme Court of Vermont
Trover for certain property consisting of cattle, horses and hogs. Fleas, the general issue, and a special plea of estoppel. The latter pleg, set up a disclaimer of ownership of the property, and other facts as hereinafter stated. To this the plaintiff demurred specially, and the court, Peck, J., presiding, sustained the demurrer, and decided that the plea was sufficient, — to which the defendant excepted.
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Trover for certain property consisting of cattle, horses and hogs. Fleas, the general issue, and a special plea of estoppel. The latter pleg, set up a disclaimer of ownership of the property, and other facts as hereinafter stated. To this the plaintiff demurred specially, and the court, Peck, J., presiding, sustained the demurrer, and decided that the plea was sufficient, — to which the defendant excepted. The case was tried by jury at the June Term, 1806. The plaintiffs evidence tended to show that the defendant took and converted the property described in the declaration by selling and…
1Opinion of the Court
The opinion of the court was' delivered hy
Bar-rett, J.
This is an action of trover for certain chattels.
The defendant pleaded specially matter in pais in estoppel, to which there is a demurrer.
The rule is, that every thing may he given in evidence under the general issue in this form of action but the statute of limitations and release. It was permissible, however, to plead specially any thing which admitted property in the plaintiff and the conversion, hut justified the conversion. The gist of the action is the conversion. Any thing that shows that the defendant did not convert the property,…
2Cases cited4 opinions
- Grant v. KingSupreme Court of Vermont · 1842
- Swift v. MoseleySupreme Court of Vermont · 1838
- Briggs v. OaksSupreme Court of Vermont · 1853
- Buckmaster v. MowerSupreme Court of Vermont · 1849
3Cited by3 opinions
- Davis v. BowmarMississippi Supreme Court · 1878
- Daniels v. NelsonSupreme Court of Vermont · 1868
- Willis v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1876