Downer v. Rowell
Supreme Court of Vermont
Troyer for sbeep and wool. Plea, the general issue and trial by jury. On trial the plaintiff introduced testimony tending -to prove, that on the first day of November, A. D. 1840, he delivered to the defendant and one Jabesh Hunter, since deceased, one hundred and eleven sheep, and took their receipt in writing for the same, by the terms of which they were to redeliver the same sheep, or others in their stead, as good as they were, in three years from the date of said…
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Troyer for sbeep and wool. Plea, the general issue and trial by jury. On trial the plaintiff introduced testimony tending -to prove, that on the first day of November, A. D. 1840, he delivered to the defendant and one Jabesh Hunter, since deceased, one hundred and eleven sheep, and took their receipt in writing for the same, by the terms of which they were to redeliver the same sheep, or others in their stead, as good as they were, in three years from the date of said receipt, and pay yearly fifty-five and one-half pounds of wool, as rent for the same. The defendant also proved a demand of…
1Opinion of the Court
By the Court.
1. It is objected, that the court erred in refusing to charge the jury, that selling the sheep or part of them to the plaintiff, he knowing them, at the time, to be the same sheep he had leased to defendant, was a conversion of the sheep so sold. But we think this portion of the charge was correct. A sale ex vi termini implies the consent of both parties, the aggregate mentium, as much as any other contract. It could not, therefore, be fairly said, that this property, by the very act of sale to plaintiff, was converted from his use and to the use of defendant, which is necessary…
2Cases cited1 opinion
- Marsh v. JonesSupreme Court of Vermont · 1849
3Cited by6 opinions
- Davis v. FieldSupreme Court of Vermont · 1884
- Mason v. PhelpsMichigan Supreme Court · 1882
- Dunlap v. HopkinsCourt of Appeals for the Seventh Circuit · 1899
- State v. SpauldingSupreme Court of Vermont · 2014
- State v. SpauldingSupreme Court of Vermont · 2014
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