Legal Opinion

Chamberlin v. Fuller

Supreme Court of Vermont

Decided October 15, 1886PublishedCited by 37 opinions

REPLEVIN for certain ready-made clothing. Plea, geneal issue. Trial by jury, December Term, 1885, Caledonia County, Ross, J., presiding. Verdict and judgment for the plaintiffs.

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REPLEVIN for certain ready-made clothing. Plea, geneal issue. Trial by jury, December Term, 1885, Caledonia County, Ross, J., presiding. Verdict and judgment for the plaintiffs. The plaintiffs’ evidence tended to show that Hosea Welch, 2d, was a merchant, keeping a country store in November, 1881, and for many years prior thereto ; that in the fall of 1881 his cousin Hosea Welch, Jr., one Almon L. Clark and Henry C. Glover were holden as sureties for him for several -thousand dollars ; that he was then owing large sums, and Glover learned that he was in such a financial condition that he,…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

I. We do not understand that the question of demand made upon trial was whether one was necessary to enable the plaintiffs to maintain the action except as bearing upon, and a part of, the question of a rescission of the contract; and the real question presented by the exceptions is, whether evidence of a demand of the goods made upon the messenger or the keeper under him was sufficient. We hold that it was. The goods were in possession of the messenger of the Court of Insolvency awaiting the appointment of an assignee. The insolvent had no…

2Cases cited3 opinions

  1. Eastman v. PremoSupreme Court of Vermont · 1877
  2. Camp v. AverillSupreme Court of Vermont · 1881
  3. Tilton Safe Co. v. TisdaleSupreme Court of Vermont · 1875

3Cited by37 opinions

  1. Seeger v. OdellCalifornia Supreme Court · 1941
  2. Florenzano v. OlsonSupreme Court of Minnesota · 1986
  3. Yorke v. TaylorMassachusetts Supreme Judicial Court · 1955
  4. Crompton v. BeedleSupreme Court of Vermont · 1910
  5. Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a CorporationCourt of Appeals for the Ninth Circuit · 1955

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