Deering v. Austin
Supreme Court of Vermont
This was an action of trover for a cow ; plea, the general issue, and trial by jury, at the December Term, 1860, — Barrett, J., presiding.
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This was an action of trover for a cow ; plea, the general issue, and trial by jury, at the December Term, 1860, — Barrett, J., presiding. To sustain his title to the cow, the plaintiff gave in evidence a writing, signed by one Whitney, dated August 30, 1859, by the terms of which, the said Whitney turned out to the plaintiff the cow in question, to secure him for $15, which Whitney owed the plaintiff, and Whitney had the right to redeem the cow by paying the plaintiff the $15, on or before October 30th then next. At the time this writing was given, Whitney was the owner of the cow. The…
1Opinion of the Court
Poland, Ch. J.
If there had been a conversion of the cow by the defendant, before the plaintiff made sale, of her to Fowler, the action therefor was properly brought in the plaintiff’s name. The mere right of action could not be transferred so as to enable Fowler to sue it in his own name. Nor do we perceive any want of proper authority in Fowler to sue in the plaintiff’s name ; *333the writing executed to Fowler expressly authorizes it, and it is not a question the defendant has a right to make, so long as the plaintiff makes no objection.
The more important question in the case is, whether there…
2Cases cited4 opinions
- Grant v. KingSupreme Court of Vermont · 1842
- Swift v. MoseleySupreme Court of Vermont · 1838
- Parker v. MiddlebrookSupreme Court of Connecticut · 1855
- Riford v. MontgomerySupreme Court of Vermont · 1835
3Cited by5 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Robinson v. HartridgeSupreme Court of Florida · 1869
- Velsian v. LewisOregon Supreme Court · 1888
- Bucklin v. BealsSupreme Court of Vermont · 1866
- Burnell v. MarvinSupreme Court of Vermont · 1872