Legal Opinion

Fletcher v. Cole

Supreme Court of Vermont

Decided December 15, 1850PublishedCited by 18 opinions

Trespass for a quantity of pine boards. Plea, the general issue, and trial by jury, September Term, 1849, — Bennett, J., presiding. The plaintiff, as constable of the town of Colchester, had attached the boards in question as the property of one Myers, and the defendant, after the attachment, had taken them and converted them to his own use.

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Trespass for a quantity of pine boards. Plea, the general issue, and trial by jury, September Term, 1849, — Bennett, J., presiding. The plaintiff, as constable of the town of Colchester, had attached the boards in question as the property of one Myers, and the defendant, after the attachment, had taken them and converted them to his own use. It appeared, that the logs, from which the boards were sawed, were drawn by the defendant to the saw mill at Winooski Falls in March, 1847, and were then his property; and the question was, whether the lumber had been sold by the defendant to Myers, so as…

1Opinion of the Court

The opinion of the court was delivered by

Kbixogg, J.

The plaintiff, as an officer, having attached the lumber in question upon legal process against one Myers, and the defendant having subsequently taken the lumber and converted it, this suit was brought to recover the value of it. It being conceded at the trial, that the defendant was the owner of the lumber in question shortly previous to the attachment, it became important to the plaintiff to show a sale and delivery of the same by the defendant to Myers, so that the property thereby vested in Myers; and testimony was given by the…

2Cited by18 opinions

  1. Morris v. . RexfordNew York Court of Appeals · 1859
  2. Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
  3. National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
  4. Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
  5. Stahelin v. SowleMichigan Supreme Court · 1891

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