Chalmers v. McAuley
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the June term, 1894, Caledonia county, Tyler, J., presiding. The court directed a verdict for the plaintiff. The defendant excepts. The court should have directed a verdict for the defendant. The title did not pass to him until he paid for the stock and received it.
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Assumpsit. Plea, the general issue. Trial by jury at the June term, 1894, Caledonia county, Tyler, J., presiding. The court directed a verdict for the plaintiff. The defendant excepts. The court should have directed a verdict for the defendant. The title did not pass to him until he paid for the stock and received it. Riley v. Wheeler, 42 Vt. 528; Miller v. Cushman, 38 Vt. 593 ; Hale v. Huntley, 21 Vt. 147 ; Cole v. Kerr, 20 Vt. 21. The general property in the animals passed to the defendant when they were struck off to him, although the plaintiff still had a lien on them for the purchase…
1Opinion of the CourtStart, J.
The plaintiff, owning certain cattle that were subject to a mortgage, made an arrangement with the mortgagee whereby the same were sold at public auction. By the terms of the sale, six months’ credit was given on approved paper on sales of over $10. The defendant bid off some cows and calves and went directly to the plaintiff to arrange the terms of payment, and the plaintiff sent him to the mortgagee telling him that any arrangement he could make with the mortgagee would be satisfactory, as the pay was going to him. The defendant went to the mortgagee, who was present at the sale, and he…
2Cases cited7 opinions
- State v. O'NeilSupreme Court of Vermont · 1885
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Miller v. CushmanSupreme Court of Vermont · 1866
- Turner v. MooreSupreme Court of Vermont · 1886
- Riley v. WheelerSupreme Court of Vermont · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Luce v. BrownSupreme Court of Vermont · 1922