Symes v. Fletcher
Supreme Court of Vermont
Action op Tort for the conversion of mortgaged personal property by the mortgagor. Plea, the general issue. Trial by jury at the March Term, 1920, Washington County, Chase, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Mere inaction or negligence on the part of the defendant will not support trover.
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Action op Tort for the conversion of mortgaged personal property by the mortgagor. Plea, the general issue. Trial by jury at the March Term, 1920, Washington County, Chase, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Mere inaction or negligence on the part of the defendant will not support trover. Booth v. N. Y. C. B. Go., 95 Vt. 9; Manley v. B. & M. B. Go., 90 Vt. 217; Andrews v. Carl, 77 Vt. 173; Bailey v. Moulthrop, 55 Vt. 13; Tinker v. Morrill, 39 Vt. 477; Farrar v. jRollins, 37 Vt. 295; Butler v. Jones, 80 Ala.-436; Gillett…
1Opinion of the CourtTaylor, J.
The action is tort for the alleged conversion of articles of personal property mortgaged by the defendant to the plaintiff. The trial was by jury with verdict and judgment for the plaintiff. The case is here on defendant’s exceptions.
The defendant is a brother-in-law of the plaintiff, having, at the time the mortgage was given, lately married the plaintiff’s sister. He then lived at Richmond, Vermont, but owned a farm in the town of Essex, where much of the mortgaged property was situated, and to which he removed soon after the mortgage was executed. The mortgage bears date October 16, 1914,…
2Cases cited14 opinions
- Northwestern Bank v. FreemanSupreme Court of the United States · 1898
- Stewart v. JaquesSupreme Court of Georgia · 1887
- Reinstein v. RobertsOregon Supreme Court · 1898
- Nussbaum v. Waterman & Co.Court of Appeals of Georgia · 1911
- Hartford-Connecticut Trust Co. v. Puritan Laundry, Inc.Supreme Court of Connecticut · 1920
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. FairbanksSupreme Court of Vermont · 1928
- In Re Riggi Bros. Co.Court of Appeals for the Second Circuit · 1930
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
8 more not listed; retrieve them via the Exa API.