Burdict v. Murray
Supreme Court of Vermont
This was an action of trespass for taking and carrying away a quantity of sheep skins and goat skins. Plea, not guilty. At the trial in the county court, Turner, J., presiding, it appeared in evidence, that a contract had been made between Allen Murray and Warren Murray and the plaintifls, by which the Murrays were to furnish four thousand skins annually for three years, to be tanned and dressed into morocco by the plaintiffs, and were to pay the plaintiffs therefor twenty…
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This was an action of trespass for taking and carrying away a quantity of sheep skins and goat skins. Plea, not guilty. At the trial in the county court, Turner, J., presiding, it appeared in evidence, that a contract had been made between Allen Murray and Warren Murray and the plaintifls, by which the Murrays were to furnish four thousand skins annually for three years, to be tanned and dressed into morocco by the plaintiffs, and were to pay the plaintiffs therefor twenty seven and a half cents for each skin. The Murrays were to furnish the skins from time to time as the plaintiffs might…
1Opinion of the Court
Prentiss, Ch. J.,
delivered the opinion of the Court. — It is the better opinion, that he who has a special property in goods, may have an action of trespass against him who has the general property, and upon the evidence the damage shall be mitigated. Thus, a bailee of a chattel for a certain time, coupled with an interest, may support the action against the bailor for taking it away before the time..—(1 Chit. Pl. 170.) There is no doubt, therefore, but that the plaintiffs in the case before us, if they had a special property in the skins, were entitled to maintain this action, and recover…
2Cited by7 opinions
- National Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Clark v. ClementSupreme Court of Vermont · 1903
- White v. AllenMassachusetts Supreme Judicial Court · 1882
- Bergman v. GaySupreme Court of Vermont · 1906
- Lathrop Lumber Co. v. FittsSupreme Court of Alabama · 1922
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