Murray v. Morris
Supreme Court of Vermont
Replevin. Plea, the general issue. Trial by jury at the September Term, 1916, Washington County, Butler, J., presiding. At the close of all the evidence, the court directed a verdict for plaintiff. Defendant excepted. The opinion states the case. The case shows an executory contract for the manufacture Of an article not in esse at the time the contract was made. The article to be manufactured was to be delivered at a future date and had not been accepted by plaintiff.
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Replevin. Plea, the general issue. Trial by jury at the September Term, 1916, Washington County, Butler, J., presiding. At the close of all the evidence, the court directed a verdict for plaintiff. Defendant excepted. The opinion states the case. The case shows an executory contract for the manufacture Of an article not in esse at the time the contract was made. The article to be manufactured was to be delivered at a future date and had not been accepted by plaintiff. The title had not passed. Eider v. Kelley et al., 32 Yt. 268, 272; Hodges v. Fox, 36 Yt. 74; Hale v. Huntley et al., 21 Yt.…
1Opinion of the CourtMiles, J.
Only two questions are raised in this case, viz.: First, had Townsend, Townsend & Co. any attachable interest in the die of the monument in question which was attached in the suit of Parry & Jones Co. on the 26th day of September, 1914, at the time the attachment was made; and second, was there anything in the case to submit to the jury ?
From a careful examination of the entire proceedings in the case it appears that Townsend, Townsend & Co. are dealers in granite statutes and monuments residing in New York City and having an agent residing in Barre, Yt.; that the plaintiff resides in Brazil,…
2Cases cited5 opinions
- Diversy v. KelloggIllinois Supreme Court · 1867
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Spencer v. HaleSupreme Court of Vermont · 1858
- Kilmer v. Moneyweight Scale Co.Indiana Court of Appeals · 1905
- National Bank v. DaytonSupreme Court of the United States · 1880
3Cited by1 opinion
- David W. Biow Co. v. CohenSupreme Court of Vermont · 1925