Rutland & Washington Railroad v. Bank of Middlebury
Supreme Court of Vermont
Trover for the conversion of ten of the mortgage bonds issued by the plaintiffs for one thousand dollars each, dated October 1st, 1852, and payable to one Eastman, or bearer, October 1st, 1867, with interest payable semi-annually, at seven per cent, per annum. The writ was returnable at the March Term, 1855, and the declaration consisted of three counts, the first of which claimed merely a general damage of twelve thousand dollars.
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Trover for the conversion of ten of the mortgage bonds issued by the plaintiffs for one thousand dollars each, dated October 1st, 1852, and payable to one Eastman, or bearer, October 1st, 1867, with interest payable semi-annually, at seven per cent, per annum. The writ was returnable at the March Term, 1855, and the declaration consisted of three counts, the first of which claimed merely a general damage of twelve thousand dollars. The second count alleged that the plaintiffs had been, by the conversion complained of, deprived of all benefit which would have accrued to them by the bonds in…
1Opinion of the CourtBarrett, J.
L As to the power of the court to permit, by order, the return of property in mitigation of damages, &c.
That such a power is assumed and exercised by the English courts of common law was very properly admitted by the learned counsel for the plaintiff, in yiew of the reported cases in *645which the subject is involved. The subject came under the consideration of this court in Hart v. Skinner, 16 Vt. 138, and the fact of such a power and of its exercise was clearly evolved and asserted as matter of settled law in Westminster Hall.
In the case of Yale v. Saunders, et al, Ib. 243, Williams, Ch. J.,…
2Cases cited3 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Hickok v. BuckSupreme Court of Vermont · 1850
3Cited by7 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Colby v. ReedSupreme Court of the United States · 1879
- Churchill v. WelshWisconsin Supreme Court · 1879
- Wheeler v. PerelesWisconsin Supreme Court · 1877
- Whittler v. SharpUtah Supreme Court · 1913
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