Legal Opinion

Fletcher v. Howard

Supreme Court of Vermont

Decided January 15, 1826PublishedCited by 9 opinions

ERROR, to reverse a judgment of Grand-Isle count}' court. The action below was trespass, for taking a hog, originally commenced before a justice of the peace, and brought by appeal to the county court.

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ERROR, to reverse a judgment of Grand-Isle count}' court. The action below was trespass, for taking a hog, originally commenced before a justice of the peace, and brought by appeal to the county court. On the trial there, the plaintiff offered evidence to prove, that in June, 1823, he signed a note as surety with one Jesse Peters to Amos Blodget for six cider barrels, made payable the first of September, 1823, and that Peters thereupon pledged the hog in question to him, (being the only hog he had,) as indemnity for signing said note; that the hog was not delivered to him, Howard, at the time…

1Opinion of the Court

After argument, the opinion of the Court was delivered by

Prentiss, J.

There is no doubt that property in personal chattels may pass by a bargain and sale, for a sufficient consideration, without delivery, as between the parties to the sale ; but then, as against every one but the vendor, there must be a delivery of the possession. When, therefore, the same chattel is sold to two different persons, by conveyances equally valid, he who first lawfully acquires the possession will hold it against the other. [Lanfear vs. Summer, 17 Mass. 110.) The liability of the plaintiff below to pay the small…

2Cited by9 opinions

  1. Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
  2. Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
  3. Gifford v. FordSupreme Court of Vermont · 1833
  4. Samson v. RouseSupreme Court of Vermont · 1900
  5. Wright v. MaxwellIndiana Supreme Court · 1857

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