Cummings v. Harris
Supreme Court of Vermont
This was an action of trover for a number of sheep, and was submitted to the jury on thegeneral issue. The plaintiff, to support her action, produced a written contract, by which the defendant acknowledged he had received the sheep in question, and was to keep them a certain period, and wash and shear them, and do up the wool, Sic. for sixty seven cents a head. The fleeces were received and indorsed on the contract.
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This was an action of trover for a number of sheep, and was submitted to the jury on thegeneral issue. The plaintiff, to support her action, produced a written contract, by which the defendant acknowledged he had received the sheep in question, and was to keep them a certain period, and wash and shear them, and do up the wool, Sic. for sixty seven cents a head. The fleeces were received and indorsed on the contract. The plaintiff then proved a demand of the sheep and the defendant’s refusal to deliver them, unless first paid for the keeping. The county court were requested to instruct the…
1Opinion of the Court
After the Court had considered the case,
Hutchinson, C. J.,
delivered their opinion. — The only question this case presents, is, whether the defendant had a lien upon the sheep, by virtue of which he might lawfully retain them till he was paid for their keeping ; for, if he had no such lien, the plaintiff was entitled to such instructions to the jury, as were requested. The usual cases in which the law creates a lien, are, where the person performing services would have no other sure remedy ; as a blacksmith shoeing a horse for a stranger ; or a watchmaker cleaning a watch for a stranger ; or…
2Cited by6 opinions
- Phillips v. AtwellSupreme Court of Florida · 1918
- Trust v. PirssonNew York Court of Common Pleas · 1857
- Wills v. BarristerSupreme Court of Vermont · 1863
- De Vinne v. RianhardNew York Court of Common Pleas · 1880
- Pezenik v. GreenbergAppellate Terms of the Supreme Court of New York · 1916
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