Kennett v. Tudor
Supreme Court of Vermont
Case for deceit in the sale of personal property. Plea, the ¡general issue. Trial by jury at the September Term, 1910. 'Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiffs, who live in New Hampshire, while the ■defendants live in Vermont. The defendants excepted. In December, 1900, defendant George A. Tudor gave a mortgage to one Gibson on certain personal property that he owned.
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Case for deceit in the sale of personal property. Plea, the ¡general issue. Trial by jury at the September Term, 1910. 'Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiffs, who live in New Hampshire, while the ■defendants live in Vermont. The defendants excepted. In December, 1900, defendant George A. Tudor gave a mortgage to one Gibson on certain personal property that he owned. In April, 1904, he gave a mortgage to one Ware on ■certain other of his personal property. In January, 1903, he gave a lien note to the Lane Manufacturing Company on certain of his…
1Opinion of the CourtRowell, C. J.
The plaintiffs’ concession that the Gibson and the Ware mortgages are valid in New Hampshire and constitute valid incumbrances there on the property that was *195taken from Vermont, was equivalent to a concession that Kennett did not intend to contest the trover suit on the ground that they are invalid. This being so, the concession bound the plaintiffs in this case as much as Kennett’s answer to the like effect would have bound them, and so the defendants got what they asked for, namely, Kennett’s intention in respect of that ground of defence.
No copy of the second count is furnished us. All we…
2Cases cited13 opinions
- Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
- Slack v. BraggSupreme Court of Vermont · 1910
- Jerome v. SmithSupreme Court of Vermont · 1876
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Administrator of Whitney v. Town of ClarendonSupreme Court of Vermont · 1846
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Shea v. PiletteSupreme Court of Vermont · 1937
- Neill v. WardSupreme Court of Vermont · 1930
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Adams v. CookSupreme Court of Vermont · 1917
4 more not listed; retrieve them via the Exa API.