Amadon v. Myers
Supreme Court of Vermont
This was an action of trover, submitted to the decision of the court. Plea, not guilty. On the trial of the issue in this cause, the plaintiff proved that the defendant, as constable of Pownal, attached some corn as the property of one Ansel Amadon, and that the property so attached belonged to the plaintiff, and not to Ansel Amadon. — That defendant did not remove said property, or take it in his possession; but said he should, unless the plaintiff would receipt' it. — That…
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This was an action of trover, submitted to the decision of the court. Plea, not guilty. On the trial of the issue in this cause, the plaintiff proved that the defendant, as constable of Pownal, attached some corn as the property of one Ansel Amadon, and that the property so attached belonged to the plaintiff, and not to Ansel Amadon. — That defendant did not remove said property, or take it in his possession; but said he should, unless the plaintiff would receipt' it. — That defendant went to the barn to see the grain, and plaintiff’s wife forbid him to attach it; and when defendant opened…
1Opinion of the Court
’ The opinion of the court was pronounced by
Williams, Ch. J.
— This is an action of trover. It did not appear on the trial that there was any conversion. The defendant attached the property in question as the property of one Ansel Amidon, either by leaving a copy with the town clerk, or with the said Ansel, but never took either the actual custody and possession, or any receipt therefqr. The plaintiff, so far from being disturbed in the possession of the property, has actually used the same himself, and appropriated it to his own use and benefit. Now it would be carrying the doctrine of…
2Cited by2 opinions
- Cox v. HallSupreme Court of Vermont · 1846
- Kreher v. MasonMissouri Court of Appeals · 1889