Matthews v. Lucia
Supreme Court of Vermont
Trover and trespass for a wagon. Plea, general issue, and trial by court, June Term, 1882, Taet, J., presiding. Judgment for the plaintiff to recover the value of the wagon, deducting the amount due the defendant upon the contract.
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Trover and trespass for a wagon. Plea, general issue, and trial by court, June Term, 1882, Taet, J., presiding. Judgment for the plaintiff to recover the value of the wagon, deducting the amount due the defendant upon the contract. On June 23d, 1879, the plaintiff gave the defendant the following writing : “ For value received I promise to pay Frank Lucia or order eighty-five dollars as follows : ten dollars in cash on receipt of wagon; thirteen dollars in lumber on receipt of wagon; and sixty-two dollars in lumber delivered in Middlebury village on the 1st day of August, 1879. This note is…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
By the terms of the conditional sale, the wagon was to remain the property of the defendant until the note given for the price thereof was fully paid according to its tenor, the last installment falling due on August 1, 1879, and in default of. such payment, the defendant had the right to take the wagon without “ let or hindrance,” and the plaintiff was to forfeit all he had paid towards it. After the last installment fell due, the plaintiff made, and the defendant accepted and received, payments on the note, the plaintiff retaining…
2Cases cited3 opinions
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Taylor v. FinleySupreme Court of Vermont · 1874
- Child & Benton v. AllenSupreme Court of Vermont · 1860
3Cited by3 opinions
- Kilmer v. Moneyweight Scale Co.Indiana Court of Appeals · 1905
- Warner Elevator Manufacturing Co. v. Capitol Investment. Building & Loan Ass'nMichigan Supreme Court · 1901
- W. W. Bierce, Ltd. v. HutchinsHawaii Supreme Court · 1905