Legal Opinion

Brown v. Gleed

Supreme Court of Vermont

Decided August 15, 1860PublishedCited by 7 opinions

Trover for a quantity of goods. Plea not guilty, and trial by the court at the March Term, 1858, — Barrett, J., presiding. The plaintiff gave in evidence a receipt executed and delivered to the plaintiff by the defendants, in the following words : “ Beceived of Isaac C. Brown, deputy sheriff, the following property, (describing the goods in question) which we agree to keep free of expense to said Brown, and return on demand, or pay two thousand dollars.”

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Trover for a quantity of goods. Plea not guilty, and trial by the court at the March Term, 1858, — Barrett, J., presiding. The plaintiff gave in evidence a receipt executed and delivered to the plaintiff by the defendants, in the following words : “ Beceived of Isaac C. Brown, deputy sheriff, the following property, (describing the goods in question) which we agree to keep free of expense to said Brown, and return on demand, or pay two thousand dollars.” It was conceded by the defendants that the property named in this receipt had been duly attached by the plaintiff as a deputy sheriff on…

1Opinion of the Court

Redeield, Ch. J.

The former arguments upon this case seem to have raised some question, whether it was the intention of the parties, in this case, to have the defendants remain responsible for the property attached, in the ordinary sense of the liability of receiptors. But on careful consideration of the facts in the case, it is obvious to a majority of the court:

1. That the contract entered into did impose just that responsibility and no other.

*1502. That this was the intention of all the parties concerned, at the time of executing the receipt.

I. That the contract entered into did impose the…

2Cases cited11 opinions

  1. Spencer v. WilliamsSupreme Court of Vermont · 1828
  2. Adams v. FoxSupreme Court of Vermont · 1845
  3. Lowry v. CadySupreme Court of Vermont · 1832
  4. Vail v. ConantSupreme Court of Vermont · 1843
  5. Jones v. GilbertSupreme Court of Connecticut · 1840

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Tinker v. MorrillSupreme Court of Vermont · 1866
  2. Soule v. AustinSupreme Court of Vermont · 1863
  3. McDermott v. JaquithSupreme Court of Vermont · 1914
  4. Stannard v. TillotsonSupreme Court of Vermont · 1914
  5. Bilby v. STN Enterprises, Inc. (In re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1985

2 more not listed; retrieve them via the Exa API.

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