Page v. Edwards
Supreme Court of Vermont
Trover for the conversion of a waterwheel and certain machinery. Heard upon the report of a referee at the April term, 1891, Lamoille county, Start, J., presiding. Judgment for the plaintiff. The defendant excepts. In 1879 one Lamplough gave the clefendent a mortgage of' a saw-mill. In 1886 the defendant foreclosed this mortgage and obtained a decree which became absolute December 11, 1887.. The plaintiff and his deceased partner were made parties defendant to that suit.
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Trover for the conversion of a waterwheel and certain machinery. Heard upon the report of a referee at the April term, 1891, Lamoille county, Start, J., presiding. Judgment for the plaintiff. The defendant excepts. In 1879 one Lamplough gave the clefendent a mortgage of' a saw-mill. In 1886 the defendant foreclosed this mortgage and obtained a decree which became absolute December 11, 1887.. The plaintiff and his deceased partner were made parties defendant to that suit. In 1886 the defendant took possession under his mortgage and afterwards continued in such possession. When the defendant…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
The defendant makes the case depend mainly or wholly on the nature and effect of the contract or arrangement between Page & Noyes and Larnplough, under which the property in question went into the latter’s possession in the spring of 1881; whether it went into his possession as a mere bailee,, without any contract of purchase on his part, or whether he took it under a contract of purchase that made him a conditional vendee. It is claimed that the report does not show any completed contract of sale, nor any sale nor arrangement that vested in…
2Cases cited2 opinions
- Davenport v. John G. Shants & Co.Supreme Court of Vermont · 1871
- Buzzell v. CummingsSupreme Court of Vermont · 1888
3Cited by8 opinions
- Mizell Live Stock Co. v. J. J. McCaskill Co.Supreme Court of Florida · 1910
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Bowden v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
- Paine v. McDowellSupreme Court of Vermont · 1898
- Bromich v. BurkholderSupreme Court of Kansas · 1916
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