Sherman v. Estey Organ Co.
Supreme Court of Vermont
Trover for wood and lumber. Plea, not guilty. Trial by jury at the September Term, 1896, Windham County, Start, J., presiding.
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Trover for wood and lumber. Plea, not guilty. Trial by jury at the September Term, 1896, Windham County, Start, J., presiding. The plaintiff claimed title to the wood and lumber by virtue of a chattel mortgage and a foreclosure sale to himself thereunder, subsequent to which sale the defendant converted the same to its own use, claiming title thereto by virtue of conveyances, from other parties, of the land upon which said wood and lumber grew, and a bill of sale of the same from the plaintiff’s mortgagor. The affidavit was a substantial compliance with the statute. Literal compliance was…
1Opinion of the CourtRoss, C. J.
When this case was before this court, as found in 67 Vt. 550, it was held that the chattel mortgage from Waite to the plaintiff, — if it was executed for the purpose and under the circumstances which the plaintiff’s testimony tended to establish, — was so far as regards the facts which that testimony tended to establish, valid. The decision of this court upon a point in a case will not be departed from when the case comes again before the court, so long as the facts relevant to the point decided remain unchanged. Ross v. Bank of Burlington, 1 Aik. 43; Dana v. Nelson, 1 Aik. 252; Herrick v.…
2Cases cited8 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Barker v. Belknap's EstateSupreme Court of Vermont · 1866
- Ross v. Bank of BurlingtonSupreme Court of Vermont · 1825
- Childs v. Millville Mutual M. & F. Ins.Supreme Court of Vermont · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- Boston Law Book Company v. HathornSupreme Court of Vermont · 1956
- Bean v. ParkerSupreme Court of Vermont · 1915
- Mellen v. United States Health & Accident InsuranceSupreme Court of Vermont · 1912
- Guilmont's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.