Russell v. Phelps
Supreme Court of Vermont
Trover Eor the conversion of a sleigh. Plea, the general issue. Trial by juiy, Caledonia County, December _Term, 1900, Taft, C. J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The defendant was the wife of one Poster B. Phelps, and during the period in question, lived with him on a place which was owned by her, and which he occupied in her right.
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Trover Eor the conversion of a sleigh. Plea, the general issue. Trial by juiy, Caledonia County, December _Term, 1900, Taft, C. J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The defendant was the wife of one Poster B. Phelps, and during the period in question, lived with him on a place which was owned by her, and which he occupied in her right. Acting as the,agent of his wife, he traded with the plaintiff to exchange the sleigh in question for two harrows. The testimony of the plaintiff tended to show that he delivered harrows in accordance with the contract,…
1Opinion of the CourtWatson, J.
The defendant contends that the contract was executory, and that the property in the sleigh had not passed to the plaintiff at the time of the alleged conversion; but in the way the case was submitted to the jury, the verdict settled the fact that the harrows delivered by the plaintiff to the defendant were according to the contract, or, if not so, that they were delivered to the defendant and accepted by her under the contract. It matters not which way it was, for if either,, it was a performance of the contract on the part of the plaintiff, and the right of property in the sleigh with the…
2Cases cited5 opinions
- Baum v. . MullenNew York Court of Appeals · 1872
- Mary J. v. Solon BurroughsSupreme Court of Vermont · 1889
- Story v. DowneySupreme Court of Vermont · 1890
- Woodward & Perkins v. BarnesSupreme Court of Vermont · 1873
- Shane v. LyonsMassachusetts Supreme Judicial Court · 1898
3Cited by8 opinions
- Rowley v. ShepardsonSupreme Court of Vermont · 1910
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- Turner v. HowardSupreme Court of Vermont · 1916
- Rowley v. ShepardsonSupreme Court of Vermont · 1916
- Barrows v. Dugan's EstateSupreme Court of Vermont · 1915
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