Child & Benton v. Allen
Supreme Court of Vermont
Trespass for taking the plaintiff’s wagon. The defendant pleaded the general issue, with notice of special matter of defence to the effect that he attached and took the wagon, as deputy sheriff, by virtue of a writ in favor of Hiram Earl against one H. C. Mclntire. Trial by the court, at the May Term, 1860, in Lamoille county, — Poland, J., presiding.
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Trespass for taking the plaintiff’s wagon. The defendant pleaded the general issue, with notice of special matter of defence to the effect that he attached and took the wagon, as deputy sheriff, by virtue of a writ in favor of Hiram Earl against one H. C. Mclntire. Trial by the court, at the May Term, 1860, in Lamoille county, — Poland, J., presiding. The following facts appeared on the trial: In the winter of 1859, Earl sold to Mclntire an old wagon, for the price of five dollars, upon the condition that the wagon was to remain the property of Earl until the price was paid. The purchase…
1Opinion of the CourtBarrett, J.
Earl sold, by conditional sale, an old wagon, to McIntyre reserving title to himself till Mclntire should pay for it. Mclntire took it into his possession and use, and made extensive repairs upon it.
It is expressly found, as matter of fact, that the wagon retained its identity, though much improved by the accessory repairs. In its improved condition it was sold or turned out by Mclntire to the present plaintiffs, at a stipulated price, to go in payment upon a subsisting indebtedness of Mclntire to them, and, as the court find, it was sufficiently taken into their possession to answer the…
2Cited by8 opinions
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- Armington v. HoustonSupreme Court of Vermont · 1866
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- Matthews v. LuciaSupreme Court of Vermont · 1883
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