Legal Opinion

Green v. Sperry

Supreme Court of Vermont

Decided February 15, 1844PublishedCited by 4 opinions

Trover for a watch. Issue was joined to the court upon a statement of facts agreed upon, which were substantially these. The defendant, about the middle of November, 1842, commenced teaching school in Dorset, in the plaintiff’s district, and obtained a watch from the plaintiff’s wife, and said he would return it that week. The chrystal of the watch was cracked.

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Trover for a watch. Issue was joined to the court upon a statement of facts agreed upon, which were substantially these. The defendant, about the middle of November, 1842, commenced teaching school in Dorset, in the plaintiff’s district, and obtained a watch from the plaintiff’s wife, and said he would return it that week. The chrystal of the watch was cracked. At the end of the week the plaintiff called on the defendant for the watch, and several times between that time and the first of January, 1843, asked him to bring it back ; to which the defendant replied that it was at a watchmaker’s…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

This case came before the county court upon a statement of facts agreed upon, on which judgment was rendered for the plaintiff. Before the defendant can succeed on his bill of exceptions, he must make out affirmatively that there was error in the judgment of the county court. The case finds that the watch was borrowed of the wife of the plaintiff by the defendant, who was a minor, for one week. Neither the absence of the husband from home at the time, nor any attending circumstances, are shown, from which it could be inferred that the wife…

2Cases cited2 opinions

  1. Vasse v. SmithSupreme Court of the United States · 1810
  2. Rice v. ClarkSupreme Court of Vermont · 1836

3Cited by4 opinions

  1. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  2. McKay v. PearsonSuperior Court of Pennsylvania · 1898
  3. Ray v. TubbsSupreme Court of Vermont · 1878
  4. Freeman v. BolandSupreme Court of Rhode Island · 1882

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