Halbert v. Soule
Supreme Court of Vermont
Trover. Plea, the general issue. Trial by court, March Term, 1882, Royce, Ch. J., presiding. Judgment for the defendant. The property, for which the two defendants gave their receipt, was attached on a writ in favor of Thos. W. Clark, and judgment was obtained by default in the CountyCourt.
Read the full summary
Trover. Plea, the general issue. Trial by court, March Term, 1882, Royce, Ch. J., presiding. Judgment for the defendant. The property, for which the two defendants gave their receipt, was attached on a writ in favor of Thos. W. Clark, and judgment was obtained by default in the CountyCourt. At the time the attachment was made and the receipt given, the defendants, Hiram B. Soule and George Gregory Smith, were engaged in the business of manufacturing shade rollers at St. Albans, as partners, as the exceptions stated, “ under a verbal understanding.” The other facts are sufficiently stated in…
1Opinion of the Court
The opinion of the court was delivered by'
Yeazey, J.
This is an action of trover for goods receipted to an attaching officer, which he had attached. In Adams v. Fox, 17 Vt. 361, the court held, that one who has executed a receipt to an attaching officer, for property attached, thereby promising to deliver the property to the officer upon demand, may show, in defence of an action against him upon the receipt, that the property receipted was, at the time of the attachment, his property, and not liable to the attachment, and that he then so informed the officer; and such showing will entitle him…
2Cases cited1 opinion
- Adams v. FoxSupreme Court of Vermont · 1845
3Cited by2 opinions
- Sawyer v. New York State Clothing Co.Supreme Court of Vermont · 1886
- Lyman v. JamesSupreme Court of Vermont · 1912