Mower v. McCarthy
Supreme Court of Vermont
Replevin by a trustee in bankruptcy. Plea, the general issue. Trial by jury at- the March Term, 1905, Chittenden ■County, Watson, J., presiding. Only special verdicts were returned, upon which defendants had judgment for the property replevied, for one cent damages and their costs.
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Replevin by a trustee in bankruptcy. Plea, the general issue. Trial by jury at- the March Term, 1905, Chittenden ■County, Watson, J., presiding. Only special verdicts were returned, upon which defendants had judgment for the property replevied, for one cent damages and their costs. The plaintiff excepted. • It appeared that defendant took possession of the property in question on the evening of April 3, 1903, and that Arthur McCarthy had no part in that matter, and knew nothing about it till the next morning. Plaintiff offered in evidence the schedules filed by the bankrupt in his bankruptcy…
1Opinion of the CourtTyler, J.
On August 15, 1901, defendant McCarthy loaned his son Arthur $5,000 with which to purchase a stock •of goods and establish a clothing business in Burlington, and afterwards loaned him $2,000 and $1,000 for the same purpose and took his promissory notes for the several sums. When the $5,000 was furnished Arthur gave the defendant a verbal mortgage upon the stock that was then to be purchased as security for the repayment of that loan, and of all future loans that should be made, and it was understood' between them that the mortgage should include the fixtures in the store and all goods that…
2Cases cited14 opinions
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Low v. PewMassachusetts Supreme Judicial Court · 1871
- Hutchins v. KingSupreme Court of the United States · 1864
- Peabody v. LandonSupreme Court of Vermont · 1889
- Chase v. DennyMassachusetts Supreme Judicial Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mitchell v. AldrichSupreme Court of Vermont · 1960
- Mason v. SaultSupreme Court of Vermont · 1919
- Sparkman v. First State BankTexas Supreme Court · 1922
- Bean v. ParkerSupreme Court of Vermont · 1915
- Coggan v. WardMassachusetts Supreme Judicial Court · 1913
9 more not listed; retrieve them via the Exa API.