Legal Opinion

Taylor v. Finley

Supreme Court of Vermont

Decided August 15, 1874PublishedCited by 9 opinions

Replevin for a cow. Plea, not guilty, and trial by jury, December Term, 1878, Ross, J., presiding. It appeared in evidence that the cow in question was purchased by plaintiff of one John R. Batchelder, for the sum of $50, for which plaintiff made his note in favor'of said Batchelder, or bearer, with the condition that said cow was to remain the property of said Batchelder till said note was paid, annexed thereto.

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Replevin for a cow. Plea, not guilty, and trial by jury, December Term, 1878, Ross, J., presiding. It appeared in evidence that the cow in question was purchased by plaintiff of one John R. Batchelder, for the sum of $50, for which plaintiff made his note in favor'of said Batchelder, or bearer, with the condition that said cow was to remain the property of said Batchelder till said note was paid, annexed thereto. The defendant’s evidence tended to show that after said note was overdue, it was sold by said Batchelder to defendant. It appeared that at the time of said sale and transfer of the…

1Opinion of the Court

Opinion of the court was delivered by

Peck, J.

Neither the executor nor administrator of the estate of Batchelder, the deceased, is a party to the suit; nor does it appear that the estate of Batchelder is to gain or lose by the event of the suit. The fact that the plaintiff acquired his title and possession of the cow under a contract of purchase of Batch-elder, “ with the condition that said cow was to remain the property of said Batchelder till said note ” executed by plaintiff to Batchelder therefor, " was paid,” and the subsequent death of Batchelder after the transfer of the. note by him,…

2Cases cited1 opinion

  1. Downs v. BeldenSupreme Court of Vermont · 1874

3Cited by9 opinions

  1. Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
  2. Farmers' Mutual Fire Insurance v. WellsSupreme Court of Vermont · 1880
  3. People's Furniture & Carpet Co. v. CrosbyNebraska Supreme Court · 1898
  4. Farrington v. JennisonSupreme Court of Vermont · 1895
  5. Nattin v. RileySupreme Court of Arkansas · 1890

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