Legal Opinion

Albert Wing & Son v. Peabody

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 3 opinions

Trespass -with a count in trover. Plea, general issue, with notice of justification under process. Trial by court, September Term, 1884, Veazey, J., presiding. Judgment for the plaintiffs.

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Trespass -with a count in trover. Plea, general issue, with notice of justification under process. Trial by court, September Term, 1884, Veazey, J., presiding. Judgment for the plaintiffs. The exceptions stated : “ The chests of tea had been all opened and more or less tea sold out of each chest, under an arrangement between John Gosselin and Alphonso Bashaw when, or soon after, Alphonso sold out to Gosselin, that Gosselin might sell from the chests as he had occasion, and account to Alphonso therefor.” The other facts are stated in the opinion. There was not that open, notorious, and…

1Opinion of the Court

The opinion of the court was delivered by

Walker, J.

The defendant attempts to justify under process the taking of the four chests of tea and one barrel of molasses, declared for in the plaintiffs’ declaration as the property of one Alphonso Bashaw, and the question is, were the goods subject to attachment for said Bashaw’s debt?

Bashaw bought the four chests of tea and barrel of molasses with other goods of the plaintiffs in April, 1883, on credit, and took them to a grocery store occupied by him in Rutland, and broke the packages and sold some therefrom. In August he sold out his grocery…

2Cases cited2 opinions

  1. Barney v. BrownSupreme Court of Vermont · 1829
  2. Spaulding v. AustinSupreme Court of Vermont · 1829

3Cited by3 opinions

  1. Newton v. ThomasSupreme Court of Vermont · 1940
  2. Hendrie & Bolthoff Manufacturing Co. v. CollinsColorado Court of Appeals · 1899
  3. Hendrie & Bolthoff Manufacturing Co. v. CollinsColorado Court of Appeals · 1899

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