Whitney v. Lynde
Supreme Court of Vermont
Trespass for taking a certain mare. Plea, the general issue, with notice of a justification of the taking the mare by virtue of an execution against one Riley Whitney, and as his property; trial by jury.
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Trespass for taking a certain mare. Plea, the general issue, with notice of a justification of the taking the mare by virtue of an execution against one Riley Whitney, and as his property; trial by jury. The plaintiff, to support the issue upon his part, introduced testimony tending to prove that, in April 1839, one Riley Whitney, a brother of the plaintiff, purchased a lot of land in Moretown, giving, among others, a note for $75, which was signed by the plaintiff as surety. That in the fall of 1840 the said Riley sold one half of the land to one Stiles, and received, in part payment…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It is unnecessary to recapitulate the facts, which are stated in the case. It is enough to say, there was evidence tending strongly to prove the defence, as claimed by the defendant. The defendant claimed, and requested the court to charge the jury, “ that the conversation, which, passed between the plaintiff and Riley Whitney, in reference to the plaintiff’s taking the mare, at the time of the consultation respecting the said Riley’s selling a part of said lot of land to Stiles, would not constitute, or amount to, a sale, so as to pass…
2Cases cited2 opinions
- Pierce v. ChipmanSupreme Court of Vermont · 1836
- Judd v. LangdonSupreme Court of Vermont · 1833
3Cited by11 opinions
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- Rice & Danenbaum v. CourtisSupreme Court of Vermont · 1860
- Shortsleeves v. TrovilleSupreme Court of Vermont · 1922
- Burnell v. RobertsonIllinois Supreme Court · 1848
- Strahorn-Hutton-Evans Commission Co. v. QuiggCourt of Appeals for the Eighth Circuit · 1899
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