Hildreth v. Fitts
Supreme Court of Vermont
This case was tried at tbe September Term 1880. Plea, the general issue, with notice of taking as a deputy sheriff on attachment, and selling on execution in favor of one Plimpton against one Waite. Trial by jury, Veazey, J., presiding. The facts sufficiently appear in the opinion of the court, excepting the following. The plaintiff and Waite both testified that he paid for the sleigh.
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This case was tried at tbe September Term 1880. Plea, the general issue, with notice of taking as a deputy sheriff on attachment, and selling on execution in favor of one Plimpton against one Waite. Trial by jury, Veazey, J., presiding. The facts sufficiently appear in the opinion of the court, excepting the following. The plaintiff and Waite both testified that he paid for the sleigh. Waite’s son was a boy fourteen years old, and lived at home working for his father in the usual way of boys at home. He had principal charge in his father’s absence. Orcutt was at home when the sleigh was taken…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant excepted to the holding of the County Court, that the evidence showed a sufficient change of possession of the sleigh to protect it from attachment as the property of the vendor. The sleigh was purchased by the plaintiff while it was being stored by Waite, the vendor, with other sleighs and wagons in the cider-mill of Pierce. So long as it remained at that place, there was no change of possession. The vendor hired and had possession of the cider-mill for the purpose of storing his wagons and sleighs. Did what transpired afterward…
2Cases cited3 opinions
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Hurlburt v. GreenSupreme Court of Vermont · 1868
- Pettingill v. ElkinsSupreme Court of Vermont · 1878
3Cited by12 opinions
- Belka v. AllenSupreme Court of Vermont · 1909
- Cloyes v. PlaatjeAppellate Court of Illinois · 1923
- Slayton v. DrownSupreme Court of Vermont · 1919
- Donovan v. TowleSupreme Court of Vermont · 1926
- Travis v. PiersonAppellate Court of Illinois · 1892
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