Legal Opinion

Coty v. Barnes

Supreme Court of Vermont

Decided December 15, 1847PublishedCited by 10 opinions

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

  1. Atwater v. MowerSupreme Court of Vermont · 1838

3Cited by10 opinions

  1. Merrill v. ResslerSupreme Court of Minnesota · 1887
  2. Moresi v. SwiftNevada Supreme Court · 1880
  3. Whiting v. AdamsSupreme Court of Vermont · 1894
  4. Thompson v. FairbanksSupreme Court of Vermont · 1903
  5. Blodgett v. BlodgettSupreme Court of Vermont · 1875

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