O'Connor v. Sowles
Supreme Court of Vermont
Trover for hay and oats. Plea, not guilty. Trial by jury, February Term, 1884, Royce, Oh. J., presiding. Verdict for the plaintiff.
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Trover for hay and oats. Plea, not guilty. Trial by jury, February Term, 1884, Royce, Oh. J., presiding. Verdict for the plaintiff. It appeared, that the plaintiff owned the farm on which the hay and oats were raised; that they were sold by the defendant on execution issued against her brother, who occupied the said farm; that she also owned all the personal property on the farm; that she paid the expense of running said farm; that the plaintiff testified on cross-examination, that her brother had permission from her to sell the products on the farm, and take and use the money to pay for…
1Opinion of the Court
The opinion of the court was delivered by
Rowkll, J.
The defendant moved for a verdict in his favor, for that the plaintiff, by her own conduct, was estopped from maintaining the action. The court overruled the motion; whereupon the defendant declined to go to the jury on any question; and thereupon the court submitted the case to the jury on the question of damages only; to all which the defendant excepted.
By declining to go to the jury, the defendant admitted as proved all that the plaintiff’s evidence tended to show; hence, the only contention he can now make is, that if all is true that her…
2Cases cited1 opinion
- Hamblet v. BlissSupreme Court of Vermont · 1883
3Cited by1 opinion
- Varnum v. Town of HighgateSupreme Court of Vermont · 1892