Morgan v. Kidder & Robinson
Supreme Court of Vermont
Trover for oxen. Plea, general issue. Trial by jury, December Term, 1882, Taft, J., presiding. Yerdict for plaintiff to recover $160. The facts are sufficiently stated in the opinion of the court, except the following: In mitigation of damages the defendants offered evidence to show that they acted in good faith; and that the identical bank bills received for the oxen were sent to the plaintiff by the conditional vendee.
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Trover for oxen. Plea, general issue. Trial by jury, December Term, 1882, Taft, J., presiding. Yerdict for plaintiff to recover $160. The facts are sufficiently stated in the opinion of the court, except the following: In mitigation of damages the defendants offered evidence to show that they acted in good faith; and that the identical bank bills received for the oxen were sent to the plaintiff by the conditional vendee. But the defendants did not claim to be able to show the plaintiff, when he received the money, knew that it was the price of the oxen, or that they had been sold. The…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
Morgan sold a herd of cattle to Green upon condition that the cattle were to remain the property of Morgan until the note which Green gave for the cattle should be “ fully paid.” The price of the cattle was $837.50, and this was the amount of the note, which was dated April 2d, 1877, and was payable with interest annually at the rate of $150 per year, except the last payment which was a balance of $87.50. In the herd thus sold was the yoke of oxen in question, which Green sold to those defendants for $128,-and paid the money to Morgan and the…
2Cases cited2 opinions
- Thrall v. LathropSupreme Court of Vermont · 1858
- Montgomery v. WilsonSupreme Court of Vermont · 1876
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