Gates v. Goreham
Supreme Court of Vermont
This was an action of trover, tried by the Rutland County Court, April Term, 1832, to recover the value of thirty sheep. The plaintiff offered evidence tending to prove the taking, and also a demand and refusal. The plaintiff also showed a contract in writing, (a copy of which is made a part of this case,) between him and the defendant, made at the time said sheep were delivered.
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This was an action of trover, tried by the Rutland County Court, April Term, 1832, to recover the value of thirty sheep. The plaintiff offered evidence tending to prove the taking, and also a demand and refusal. The plaintiff also showed a contract in writing, (a copy of which is made a part of this case,) between him and the defendant, made at the time said sheep were delivered. And the defendant gave in evidence the record of a former judgement in as-sumpsit, predicated upon this written contract between him and the plaintiff, in which the plaintiff recovered ten cents damages and one…
1Opinion of the Court
The opinion of the Court was pronounced by
Baylies, J.
The contract between the parties, of which the above is a copy, is doubtful on the face of it. From the words in the first three lines, “ I do agree to pay thirty sheep,” one would suppose, that this was a promissory note for sheep, and the plaintiff could have no interest- in them, before they were paid. But from the words in the-6th and 7th lines, “ the said sheep is (are) to be returned in-one year from date,” one might suppose ihe defendant took the sheep of the plaintiff, who still remained the owner of the sheep, which the defendant…
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