Perry v. Dow
Supreme Court of Vermont
Trespass and trover. Trial by jury, September Term, 1883, Eedeieíd, J., presiding. Yerdict ordered for the plaintiff. The plaintiff offered to prove that the defendant executed and delivered to him a chattel mortgage of the property named in the declaration to secure a $350 note; and that the defendant had sold the property without the consent of the plaintiff in writingto sell the same.
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Trespass and trover. Trial by jury, September Term, 1883, Eedeieíd, J., presiding. Yerdict ordered for the plaintiff. The plaintiff offered to prove that the defendant executed and delivered to him a chattel mortgage of the property named in the declaration to secure a $350 note; and that the defendant had sold the property without the consent of the plaintiff in writingto sell the same. The defendant offered to prove that the note and mortgage were given without consideration; and that, at the time of their execution and delivery, it was agreed verbally that the defendant might dispose of…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
If the defendant had the consent of the plaintiff to sell the property, there was no wrongful conversion in its sale, and consequently neither trespass nor trover would lie. The rejection of the testimony to show such consent was error.
Judgment reversed and cause remanded for a new trial.
2Cited by4 opinions
- Rogers v. WhitneySupreme Court of Vermont · 1917
- Labbee v. JohnsonSupreme Court of Vermont · 1894
- Manley Brothers Co. Inc. v. SomersSupreme Court of Vermont · 1927
- Commercial Finance Corp. v. Commercial Credit Corp.Supreme Court of Vermont · 1933