Fales v. Roberts
Supreme Court of Vermont
Replevin for one two-horse stage coach. The plaintiff’s writ was dated the 6th of July, 1864. Plea, non cepit, with a notice of special matter. Trial by the court at the September Term, 1865, Kellogg, J., presiding, by the consent of the parties.
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Replevin for one two-horse stage coach. The plaintiff’s writ was dated the 6th of July, 1864. Plea, non cepit, with a notice of special matter. Trial by the court at the September Term, 1865, Kellogg, J., presiding, by the consent of the parties. It appeared from the testimony on trial that, on the 25th of March, 1864, the plaintiff, who resided in Rochester, in the county of Windsor, was the owner of the stage coach referred to and described in his declaration, and that, on the same day, at Rochester, he sold the said stage coach to one Isaac II. Gray, who then resided at Brandon, by a…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is an action of replevin, and the only question important to consider is whether the tender was seasonably made ; and the decision of this question depends upon the construction the court give to the statute authorizing the attachment of the property by the defendant. No question is made but that the interest of Gray in the property, at the time of the attachment, was that of a vendee under a contract of sale where payment of the purchase money is made a condition precedent to the transfer of the title. The case shows that the property…
2Cases cited1 opinion
- Rowan v. Union Arms Co.Supreme Court of Vermont · 1863
3Cited by4 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Duncan v. StoneSupreme Court of Vermont · 1872
- Towner v. BlissSupreme Court of Vermont · 1878