Sibley v. Story
Supreme Court of Vermont
This was an action of trover for a horse. Plea, general issue. To support the issue on his part, the plaintiff introduced the following receipt: “Received, Milton July- SOtb, 1833, of S. B. Sibley, constable of Milton, one grey stud colt, four years old, valued at one hundred dollars, attached at the suit of Francis Roe vs. ■ Silas Smith, jr., demanding in damages fifty dollars which 1 promise to deliver S. B. Sibley or bearer on demand, or pay said debt and all costs on…
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This was an action of trover for a horse. Plea, general issue. To support the issue on his part, the plaintiff introduced the following receipt: “Received, Milton July- SOtb, 1833, of S. B. Sibley, constable of Milton, one grey stud colt, four years old, valued at one hundred dollars, attached at the suit of Francis Roe vs. ■ Silas Smith, jr., demanding in damages fifty dollars which 1 promise to deliver S. B. Sibley or bearer on demand, or pay said debt and all costs on account of not delivering said property.” (Signed) JOSEPH STORY.” And on the back of the receipt was the following…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question arising upon the bill of exceptions is, whether trover be the appropriate remedy in this case. There can be no doubt assumpsit will lie, upon such a receipt in the name of a deputy sheriff even, when so expressed in the receipt. The bailing of property attached on mesne process to a receipt man, so common in our practice, is not so far an official act of the attaching officer, that he is bound to make the bailment on request of the debtor; and still it is so far official in its character, that the sheriff may claim to have…
2Cases cited9 opinions
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- Sarjeant v. BluntNew York Supreme Court · 1819
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3Cited by8 opinions
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Economou v. CarpenterSupreme Court of Vermont · 1965
- Brown v. GleedSupreme Court of Vermont · 1860
- McDermott v. JaquithSupreme Court of Vermont · 1914
3 more not listed; retrieve them via the Exa API.