West v. Bolton
Supreme Court of Vermont
This was an action of trespass for taking out of the plaintiff’s possession a certain cow, which was alleged to be his property. Plea, the general issue, and notice that defendant would give in evidence that the cow, at the time of the taking, was the property of John Bolton, and that the defendant as the servant of said John, and by his directions, took and drove away the cow, as he lawfully might.
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This was an action of trespass for taking out of the plaintiff’s possession a certain cow, which was alleged to be his property. Plea, the general issue, and notice that defendant would give in evidence that the cow, at the time of the taking, was the property of John Bolton, and that the defendant as the servant of said John, and by his directions, took and drove away the cow, as he lawfully might. It appeared on trial that in the autumn of 1826, the plaintiff contracted to buy the cow of said John Bolton, from whom he then received her, and kept and used her as his own, till the spring of…
1Opinion of the Court
The opinion of the Court was given- by,
Williams, J.
The possession of the plaintiff was sufficient, ins this case, to enable him to maintain- an action of trespass against any one except the owner, and those who acted under him. The defendant justified the taking the property, as the servant of John Bolton, the owner; and to prove this justification, introduced tbe-said John Bolton as a witness, he having first executed and delivered to him a release. The facts testified to by the witness were adjudged to be a full justification, if believed ; and the jury was so charged. Two questions are…
2Cited by13 opinions
- Whitwell v. WarnerSupreme Court of Vermont · 1848
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Armington v. HoustonSupreme Court of Vermont · 1866
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Duncan v. StoneSupreme Court of Vermont · 1872
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