Legal Opinion

Aiken v. Kennison

Supreme Court of Vermont

Decided May 15, 1886PublishedCited by 15 opinions

Trover for the conversion of a horse. Trial by jury, Boss, J., presiding. Yerdict for the defendant. The plaintiff’s evidence tended to show that on the defendant’s request, he, plaintiff, told him he would purchase a horse for him, and that defendant might have the horse when he paid for it; that defendant consented, and that thereupon he gave him the following writing to take to one Miller: “Plin Miller: “ If you trade with E. A. Kennison for a horse, I will pay you for…

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Trover for the conversion of a horse. Trial by jury, Boss, J., presiding. Yerdict for the defendant. The plaintiff’s evidence tended to show that on the defendant’s request, he, plaintiff, told him he would purchase a horse for him, and that defendant might have the horse when he paid for it; that defendant consented, and that thereupon he gave him the following writing to take to one Miller: “Plin Miller: “ If you trade with E. A. Kennison for a horse, I will pay you for him about the middle of this month. (Signed) “G. W. Aiken.” On the same day, January 9, 1883, the defendant took the…

1Opinion of the Court

The opinion of the court was delivered by

Eowell, J.

Phelps, Dodge & Co. v. Conant & Co., 30 Vt. 277, is sufficient authority against the first exception; but as “ frequent recurrence to fundamental principles” is as necessary in law as in liberty, we will advert to the general rule under which such evidence is excluded.

The maxim that a transaction between two persons ought not to operate to the disadvantage of a third, though somewhat obscure in its application, because it does not show how unconnected transactions should be supposed to be relevant to each other, and though failing in its…

2Cases cited2 opinions

  1. Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
  2. Richardson v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1834

3Cited by15 opinions

  1. State v. BurpeeSupreme Court of Vermont · 1892
  2. Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
  3. Comstock's v. JacobsSupreme Court of Vermont · 1911
  4. Lyndon Mill Co. v. Lyndon Literary & Biblical InstitutionSupreme Court of Vermont · 1891
  5. Hamburg Bank v. GeorgeSupreme Court of Arkansas · 1909

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