Peabody v. Landon
Supreme Court of Vermont
Action of trover for a stock of goods. Plea, the general issue. Trial by court at the September Term, 1888, Royce, Ch. J., presiding, upon an agreed statement of facts. The court rendered judgment, pro forma, for the defendant to recover his -costs, to which the plaintiff excepted. . The case appears in the opinion.
Read the full summary
Action of trover for a stock of goods. Plea, the general issue. Trial by court at the September Term, 1888, Royce, Ch. J., presiding, upon an agreed statement of facts. The court rendered judgment, pro forma, for the defendant to recover his -costs, to which the plaintiff excepted. . The case appears in the opinion. A large portion of this stock was acquired after the execution of this mortgage, and as to this the mortgage cannot be valid, since one cannot.mortgage that which is not in existence as his 'property at the time of the execution of the mortgage. Her-' man Ch. Mort. 89 ; Barnard v.…
1Opinion of the Court
*320The opinion of the court was delivered by
Boss, J.
This is an action in favor of the plaintiff, as assignee of-Lee S. Houghton, against the defendant to recover the avails of goods sold under a mortgage of personal property given by Houghton to the defendant. From the agreed statement of facts, it appears- that June 1, 1885, the defendant sold to Houghton a stock of goods, and took Houghton’s four notes in payment to the amount of four thousand dollars, payable in two, three, four and five years from date, secured by a mortgage on the stock of goods sold. Houghton also rented the defendant’s…
2Cited by20 opinions
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Madowitz, Kohl and Amherst Realty, LLC v. The Woods at Killington Owners' Association, Inc.Supreme Court of Vermont · 2014
- Fisher v. ZollingerCourt of Appeals for the Sixth Circuit · 1906
- Mower v. McCarthySupreme Court of Vermont · 1906
- Horner-Gaylord Co. v. FawcettWest Virginia Supreme Court · 1901
15 more not listed; retrieve them via the Exa API.