Driscoll v. Place
Supreme Court of Vermont
Trover for a mare. Plea, general issue. Trial by‘jury, Sept. term, 1871, Royce, J., presiding. The plaintiff gave in evidence a written agreement, setting forth that Peter McEnany, of St. Albans, bought one-half of one bay mare of John Driscoll, of Fairfield, for the- sum of one hundred and twent3r-five dollars, to be paid on or before the first day of January, 1866, with interest; said mare to remain the property of Driscoll till paid for, McEnany to have the use of the…
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Trover for a mare. Plea, general issue. Trial by‘jury, Sept. term, 1871, Royce, J., presiding. The plaintiff gave in evidence a written agreement, setting forth that Peter McEnany, of St. Albans, bought one-half of one bay mare of John Driscoll, of Fairfield, for the- sum of one hundred and twent3r-five dollars, to be paid on or before the first day of January, 1866, with interest; said mare to remain the property of Driscoll till paid for, McEnany to have the use of the mare and take proper care of her and keep her at his own risk. Whenever Driscoll should think said mare was not properly…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is trover, for the alleged conversion of a bay mare. The defendant, as sheriff, took the mare from the plaintiff’s possession upon a writ of replevin in favor of Peter McEnany against this plaintiff. Afterwards, the plaintiff demanded the mare of the defendant, and was refused ; and this is the conversion alleged.
The court charged the jury that “ the writ of replevin, under which the defendant took and held the mare in question, was void, and furnished no justification to the defendant. That he stood in the same position in…
2Cases cited6 opinions
- Wise v. WithersSupreme Court of the United States · 1806
- Allen v. CraryNew York Supreme Court · 1833
- Foster v. PettiboneNew York Supreme Court · 1855
- Stimpson v. ReynoldsNew York Supreme Court · 1852
- Frothingham v. HowardSupreme Court of Vermont · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Casselini v. BoothSupreme Court of Vermont · 1905
- Prescott v. StarkeySupreme Court of Vermont · 1898