Legal Opinion

Blin v. Mayo & Follett

Supreme Court of Vermont

Decided January 15, 1838PublishedCited by 5 opinions

The plaintiff declared against the defendants in two counts;— 1st. Trover, for two barrels of flour. Second count, alleging that defendants, as wharfingers, received 100 barrels, of flour, belonging to the plaintiff, and, disregarding their duty as such wharfingers, did not deliver the whole of said flour to the plaintiff, but lost two barrels of it. Plea — Not guilty ; and issue to the country.

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The plaintiff declared against the defendants in two counts;— 1st. Trover, for two barrels of flour. Second count, alleging that defendants, as wharfingers, received 100 barrels, of flour, belonging to the plaintiff, and, disregarding their duty as such wharfingers, did not deliver the whole of said flour to the plaintiff, but lost two barrels of it. Plea — Not guilty ; and issue to the country. On the trial in the County Court, the plaintiff offered evidence tending to prove that, on the third of December 1833, the commander of the Steam Boat Franklin landed' 100 barrels of flour, belonging…

1Opinion of the Court

The opinion of the court was delivered by

Williams, C. J.

The charge of the Court below, on the first count, has been objected to, because the Court told the Jury, that if the goods had been disposed of by the defendants, and "not returned, the plaintiff would be entitled tore-cover, and it is said, that in either case, the verdict should have *60been for him. The charge, however, is, in 'effect, that the Jury must find a conversion. The latter expression, in relation to ' not returning, was probably redundant, as the flour, if it had been converted and disposed of by the defendants, was not…

2Cited by5 opinions

  1. Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
  2. Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1844
  3. Currie v. Syndicate Des Cultivators Des Oignons a'FleurAppellate Court of Illinois · 1902
  4. Lambourne v. Manchester Country Properties, Inc.Supreme Court of Vermont · 1977
  5. Atlantic Navigation Co. v. JohnsonThe Superior Court of New York City · 1867

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