Strong v. Adams
Supreme Court of Vermont
Trespass for a wagon ; plea, the general issue, and trial by the court, at the September Term, 1857,— Kittredge, J., presiding.
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Trespass for a wagon ; plea, the general issue, and trial by the court, at the September Term, 1857,— Kittredge, J., presiding. On the trial the plaintiff proved that in October, 1855, he left a horse and harness with one Kimball for sale, with directions to sell them, and after retaining from the proceeds of such sale the sum of twenty-one dollars and a half, which Kimball advanced to the plaintiff when the horse and harness were left with him, Kimball was to pay over the balance to the plaintiff. Kimball exchanged the horse for the wagon in controversy, and two dollars and fifty cents in…
1Opinion of the Court
*223The opinion of the court was delivered by
Redrield, Ch. J.
In this case the plaintiff pledged the property to Kimball for the security of twenty-one dollars and fifty cents advanced by him, with the right to sell the property and pay over the balance of the price to the plaintiff. Kimball exchanged the property, being a horse and harness, for a wagon and two dollars and fifty cents in money. The court held, as matter of law, that this vested the title of the wagon in Kimball, and that it was immediately attachable as his property.
We are not prepared to adopt this view of the law. If Kimball…
2Cases cited1 opinion
- Hunt v. DouglassSupreme Court of Vermont · 1849
3Cited by3 opinions
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Fletcher v. PerrySupreme Court of Vermont · 1932
- Demars v. HudonMontana Supreme Court · 1905