Parsons v. Strong
Supreme Court of Vermont
Action on the case, against the defendant, for not delivering to plaintiff certain property, taken by plaintiff, as deputy sheriff, by virtue of a writ of attachment in favor of one Allen against Moses M. Strong, and a writ of sequestration in favor of Reuben R. Thrall against said Moses M., which property the defendant receipted to the plaintiff, and, in his receipt, agreed to safely keep the property, free of expense, and re-deliver it to the plaintiff on demand.
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Action on the case, against the defendant, for not delivering to plaintiff certain property, taken by plaintiff, as deputy sheriff, by virtue of a writ of attachment in favor of one Allen against Moses M. Strong, and a writ of sequestration in favor of Reuben R. Thrall against said Moses M., which property the defendant receipted to the plaintiff, and, in his receipt, agreed to safely keep the property, free of expense, and re-deliver it to the plaintiff on demand. The value of the property, as stated in the receipt, was four hundred and fifty dollars. The judgment in favor of Thrall against…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Whether parol evidence was admissible to show that the property was of greater value, than that specified in the receipt, must depend upon the construction which we give the contract. It has been said that the words, “ of the value of,” &c., are descriptive of the property, and do not constitute a part of the contract. But I cannot think they were used with that intent. They are not proper words of description, — do not serve to identify the property, and would be useless for that purpose. To say of a horse, or of a wagon, they are of a…
2Cited by7 opinions
- Brown v. GleedSupreme Court of Vermont · 1860
- Allen v. CartySupreme Court of Vermont · 1846
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Stannard v. TillotsonSupreme Court of Vermont · 1914
- Bowley v. AngireSupreme Court of Vermont · 1876
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