Quinn v. Halbert
Supreme Court of Vermont
Replevin for a quantity of clothing. Trial by jury, April Term, 1881, Franklin County, Royce, J., presiding. Verdict for plaintiff. The facts are sufficiently stated in the opinion of the court, and in the 52 Vt. 353, where this case is reported. The plaintiff being dumb is not a witness. 1 Whart. Ev. s. 405 ; 1 Phil.
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Replevin for a quantity of clothing. Trial by jury, April Term, 1881, Franklin County, Royce, J., presiding. Verdict for plaintiff. The facts are sufficiently stated in the opinion of the court, and in the 52 Vt. 353, where this case is reported. The plaintiff being dumb is not a witness. 1 Whart. Ev. s. 405 ; 1 Phil. Ev. p. 10 ; 2 lb. 883, n.; 8 Cow. 92 ; 1 Denio, 19. Twigg should have been permitted to testify as to the object, use, and purpose of the numbers in the first column of the bills and inventory. It was not the custom or usage of a particular house or person but of the trade.…
1Opinion of the Court
The opinion of the court was delivered by
Red field, J.
This action is replevin for goods attached by defendant, as an officer, as the property of Doran. The plaintiff claims that he owns the goods by purchase of Doran’s assignee in *226bankruptcy. The defendant claimed that the purchase from the assignee was really the purchase of Doran and not the plaintiff; 2d, that if the plaintiff purchased the goods in form, the transaction was collusive and fraudulent as against the creditors of Do-ran ; and that if plaintiff loaned money on the security of the goods, the lien was invalid for the want of a…
2Cited by6 opinions
- Burgess v. StateSupreme Court of Alabama · 1951
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- Trammell v. StateCourt of Criminal Appeals of Alabama · 1974
- Hyman v. StateCourt of Criminal Appeals of Alabama · 1976
- People v. TrujilloColorado Court of Appeals · 1977
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