Elliot & Boynton v. John Bradley & Co.
Supreme Court of Vermont
Trover for nine boxes of cloth. Plea, the general issue, and trial by jury, September Term, 1849, — Bennett, J., presiding. The cloth in question was originally the property of B. & H. Boynton, who were manufacturers at Hinesburgh, Vermont.
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Trover for nine boxes of cloth. Plea, the general issue, and trial by jury, September Term, 1849, — Bennett, J., presiding. The cloth in question was originally the property of B. & H. Boynton, who were manufacturers at Hinesburgh, Vermont. Some years previous to the transactions in question B. & H. Boynton made an arrangement with the plaintiffs, who were commission merchants in the city of New York, under which B. & H. Boynton were to send their cloth to the plaintiffs for sale on commission, and were to draw on them in advance of the sales, and also in advance of sending the cloth, if…
1Opinion of the Court
*222The opinion of the court was delivered by
Kellogg, J.
The jury, under the direction of the county court, having returned a special verdict, and the court having rendered a judgment thereon for the plaintiffs, the question is now presented, are the facts found by the jury sufficient to sustain the judgment?
The plaintiffs’ right to recover must depend upon the question, whether they had acquired a valid lien upon the goods in question, as against subsequent attaching creditors of B. & H. Boynton. For the case shows, and the same seems to be conceded, that the general property in the goods…
2Cases cited2 opinions
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- The Frances, Boyer, Master: Irvin’s ClaimSupreme Court of the United States · 1814
3Cited by4 opinions
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Hodges & Co. v. KimballSupreme Court of Iowa · 1878
- Hodges & Co. v. KimballSupreme Court of Iowa · 1878