Guilford v. Smith
Supreme Court of Vermont
Replevin for three hundred and sixty-eight barrels of flour. The cause, by consent of the parties, was referred to Hon. Hiland Hall, to be decided by him according to law; and by the terms of the reference, the referee was to make a special report to the court, and judgment to be rendered on the report by the court as on a special verdict.
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Replevin for three hundred and sixty-eight barrels of flour. The cause, by consent of the parties, was referred to Hon. Hiland Hall, to be decided by him according to law; and by the terms of the reference, the referee was to make a special report to the court, and judgment to be rendered on the report by the court as on a special verdict. The referee reported as follows: “The plaintiffs are assignees of J. & J. H. Reck & Co., who, previous to the 10th of October, 1854, were merchants residing, and having their place of business at Burlington, in this state. The flour in controversy, had been…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case, having been before the court for some length of time, and having also had the full and matured consideration of counsel, it is proper that it should be disposed of without further delay. It need hardly be observed that the plaintiffs stand upon the rights, as derived by them from J. & J. H. Peck & Co., and the defendants upon the rights of Gooderham, Howland & Co. Upon the ground which we are about to put the case upon, we shall assume that Gooderham, Howland & Co. were substantially the vendors of the flour, and J. & J. H. Peck &…
2Cases cited3 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Holcomb v. KellyNew York Supreme Court · 1907
- Howe v. StewartSupreme Court of Vermont · 1868
- Norfolk Hardwood Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- E. & G. Brooke Iron Co. v. O'BrienMassachusetts Supreme Judicial Court · 1883
- Johnson v. EvelethSupreme Judicial Court of Maine · 1899
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