Kimball v. Locke
Supreme Court of Vermont
Replevin for a pair of steers. The case was tried by referees, from whose report it appeared that the defendant claimed title to the steers by purchase from one Callender, and the main question in the case related to Callender’s title to them.
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Replevin for a pair of steers. The case was tried by referees, from whose report it appeared that the defendant claimed title to the steers by purchase from one Callender, and the main question in the case related to Callender’s title to them. The plaintiff owned a farm, and in the fall of 1854, Callender agreed with the plaintiff to carry it on. for one year from April 1st, 1855, at -the halves, and during that faE and winter the steers in question, with other stock, were bought to be put on to the farm. The testimony of the defendant tended to show that Callender and the plaintiff bought…
1Opinion of the CourtBarrett, J.
The only point discussed by the counsel for the defendant is, as to the admissibility of the evidence that, at the time of the contract between Callender and the plaintiff about the ownership of the stock, Callender was' poor, and of no pecuniary responsibility.
The point in issue was whether, on the one hand, the plaintiff and Callender owned the stock in common which was bought to put on to the farm, owned by the plaintiff, that Callender was to carry on at the halves (the plaintiff having advanced the money for the purchase of the stock, of which Callender was to repay him one half whenever…
2Cited by10 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Wheeler v. F. A. Buck & Co.Washington Supreme Court · 1901
- Kidder v. SmithSupreme Court of Vermont · 1861
- Thayer v. DavisSupreme Court of Vermont · 1865
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