Clark v. Wells
Supreme Court of Vermont
Trover for the running part of a stage-wagon. Plea, the general issue, and trial by the court, September term, 1871, Peck, J., presiding. Harrington purchased said wagon of Bridgman, upon condition that it should remain Bridgman’s property till paid for.
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Trover for the running part of a stage-wagon. Plea, the general issue, and trial by the court, September term, 1871, Peck, J., presiding. Harrington purchased said wagon of Bridgman, upon condition that it should remain Bridgman’s property till paid for. After Harrington had had it awhile, he took it to the plaintiff’s shop for repairs, and the plaintiff repaired it by adding new wheels and new iron axles in place of the old ones, and attached the same thereto by means of the old clips and nuts. The old axle stocks were used on the new axles. Ex'cept as aforesaid, the wagon remained the same…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is trover for the alleged conversion of the wheels and axles of a wagon.
The case shows that a stage-wagon was sold by Bridgman to Harrington, with the condition that said wagon was to remain the property of said Bridgman until the price was paid; and that the purchase money was never paid. That, afterwards, at the instance of Harrington, plaintiff repaired said wagon by substituting new wheels and axles, for the old.
That Harrington took the wagon, thus repaired, from plaintiff’s shop, without his knowledge or consent.…
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