Cox v. Fay
Supreme Court of Vermont
Replevin, for a steer. Plea, general issue with notice. Trial by jury, December Term, 1881, Taft, J., presiding. Yerdict for the plaintiff. It appeared that the plaintiff and defendant both purchased some steer calves in the fall of 1879 ; that the plaintiff employed his father to keep his; that, the next spring the yearlings of both parties were kept in pastures near each other, and they escaped from one pasture to the other and mingled together.
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Replevin, for a steer. Plea, general issue with notice. Trial by jury, December Term, 1881, Taft, J., presiding. Yerdict for the plaintiff. It appeared that the plaintiff and defendant both purchased some steer calves in the fall of 1879 ; that the plaintiff employed his father to keep his; that, the next spring the yearlings of both parties were kept in pastures near each other, and they escaped from one pasture to the other and mingled together. In the next fall each claimed to own the steer; and the defendant - drove it off. Thereupon George W. Cox, the plaintiff’s father, procured a writ…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Defendant’s first request was not based on the evidence, and for that reason might properly have been disregarded. It does not appear that George W. Cox had ever agreed generally with defendant to settle by arbitration the ownership of the steer, nor, if he had so agreed, that such agreement ever came to the knowledge of the piaintiff. It only appears that the plaintiff was informed of his father’s agreement to submit to Hatch and Richmond, to which plaintiff consented, provided he could be present with his witnesses. This is all the…
2Cases cited1 opinion
- Sprague v. ClarkSupreme Court of Vermont · 1868
3Cited by4 opinions
- Chaffee v. HarringtonSupreme Court of Vermont · 1888
- Cushing v. MillerSupreme Court of New Hampshire · 1883
- Thompson-Starrett Co. v. PlunkettSupreme Court of Vermont · 1915
- Cramton v. ChapmanSupreme Court of Vermont · 1911