Darling v. Woodward
Supreme Court of Vermont
Trial by jury, March Term, 1880, Essex County, Ross, J., presiding. Yerdict for the plaintiff to recover the sum of $165.08 ; but the court being in doubt as to the effect of the discharge in bankruptcy, pro forma, rendered a judgment for the defendant. Action, trover for the conversion of twenty-nine sheep and eighteen lambs.
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Trial by jury, March Term, 1880, Essex County, Ross, J., presiding. Yerdict for the plaintiff to recover the sum of $165.08 ; but the court being in doubt as to the effect of the discharge in bankruptcy, pro forma, rendered a judgment for the defendant. Action, trover for the conversion of twenty-nine sheep and eighteen lambs. It was admitted on trial, or specially found by the iury, that the defendant gave the plaintiff a lien on the sheep to secure him for signing a note as surety with him for $200 ; that the plaintiff had to pay the note; that the defendant sold the sheep as stated in the…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
I. The main question in this case is, whether the plaintiff’s claim is barred by the discharge of the defendant under the United States bankrupt act. The plaintiff held a claim upon certain sheep, in possession of the defendant; and as against the plaintiff, the defendant had no right to appropriate the sheep, or the proceeds of the sale of them, to his own use. He sold them, using the avails for his own purposes, with the intention of so doing at the time of the sale, and without the knowledge or consent of the plaintiff. If this debt was…
2Cases cited1 opinion
- Johnson v. WordenSupreme Court of Vermont · 1874
3Cited by11 opinions
- Ames v. MoirIllinois Supreme Court · 1889
- Smith v. LadrieSupreme Court of Vermont · 1925
- Noyes v. PierceSupreme Court of Vermont · 1923
- Bryant v. KinyonMichigan Supreme Court · 1901
- Oben v. AdamsSupreme Court of Vermont · 1915
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