Whitney Wagon Works v. Moore
Supreme Court of Vermont
Trover for two buggy wagons. Plea, not guilty. Trial by jury at the December Term of the Caledonia County Court, 1887, Taft, J., presiding. ' Verdict for the plaintiff. Exceptions, by the defendant. The plaintiff claimed that the defendant had obtained possession pf the wagons through fraudulent representations as to his financial ability.
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Trover for two buggy wagons. Plea, not guilty. Trial by jury at the December Term of the Caledonia County Court, 1887, Taft, J., presiding. ' Verdict for the plaintiff. Exceptions, by the defendant. The plaintiff claimed that the defendant had obtained possession pf the wagons through fraudulent representations as to his financial ability. The sale was effected through the plaintiff’s agent, Phillips, who took the written order of the defendant subject to the subsequent approval of the plaintiff. The evidence of the plaintiff tended to show that at the time of making the contract the…
1Opinion of the Court
The opinion of the court was delivered by
Yeazev, J.
1. As to the letter of March 25th, the clause referring to the defendant’s ownership of the stable was admissible in connection with the other evidence tending to show it referred to the trade in question. Under the contention of the defendant that it referred to the consignment trade his rights were .guarded with peculiar exactness in the instructions to the jury.
The next exception of the defendant, after the charge to the jury, on the ground that the whole letter was not admitted, ■came too late.
The plaintiff offered the whole letter but…
2Cases cited6 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Rowell v. Fuller's EstateSupreme Court of Vermont · 1887
- Eastman v. PremoSupreme Court of Vermont · 1877
- Moore v. BeattieSupreme Court of Vermont · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Myers v. Moore-Kile Co.Court of Appeals for the Fifth Circuit · 1922
- Public Finance Co. v. Van BlaricomeSupreme Court of Iowa · 1982
- Meehan v. North Adams Savings BankMassachusetts Supreme Judicial Court · 1939
- National City Bank v. KirkIndiana Court of Appeals · 1922
- Town of Barnet v. Town of NortonSupreme Court of Vermont · 1916
5 more not listed; retrieve them via the Exa API.