Coty v. Barnes
Supreme Court of Vermont
Trespass for taking a cow. Plea, the general issue, with notice of special matter of defence, and trial by jury, September Term, 1845, — Bennett, J., presiding.
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Trespass for taking a cow. Plea, the general issue, with notice of special matter of defence, and trial by jury, September Term, 1845, — Bennett, J., presiding. On trial, the plaintiff having proved the taking of the cow by the defendant in January, 1845, the defendant offered in evidence a written contract, signed by himself and one Peter Landue, which was dated April 8, 1844, and was in these words, “ Daniel- Barnes ‘hereby leases to Peter Landue half of his house and land, being the ‘north half, at 825,00, from this date to the first day of April next. ‘Said Landue agrees to pay said sum…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The case shows, that one Landue had been the owner of the cow in question, and that in April, 1844, he turned her out to the defendant, as security for the rent of a tenement, which he had hired of him. The cow still remained in the possession of Landue; and he subsequently turned her out to the plaintiff, as security for a debt he owed him. Though the plaintiff took the possession of the cow for four or five days, yet the case shows, that she then went back into the joint possession of Landue and the plaintiff, and that she remained in that…
2Cases cited1 opinion
- Atwater v. MowerSupreme Court of Vermont · 1838
3Cited by10 opinions
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- Moresi v. SwiftNevada Supreme Court · 1880
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Blodgett v. BlodgettSupreme Court of Vermont · 1875
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