Ferris v. Smith
Supreme Court of Vermont
This was an action of Trover for personal property. Plea, the general issue and trial by jury. The plaintiff gave in evidence an officer’s receipt, executed by the defendant to the plaintiff for the property described in the declaration, and also the record of a suit and judgment, in Chittenden County Court, in favor of J. & J. H. Peck & Co. against one Benjamin Wells, recovered at the September term, 1847, of said court, for the sum of $167,80 damages and costs, and proved…
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This was an action of Trover for personal property. Plea, the general issue and trial by jury. The plaintiff gave in evidence an officer’s receipt, executed by the defendant to the plaintiff for the property described in the declaration, and also the record of a suit and judgment, in Chittenden County Court, in favor of J. & J. H. Peck & Co. against one Benjamin Wells, recovered at the September term, 1847, of said court, for the sum of $167,80 damages and costs, and proved that the property in question was attached by the plaintiff, as sheriff of Chittenden County, on the writ in said suit,…
1Opinion of the Court
The opinion of the court was delivered by
Roxce, Ch. J.
Whether trover is a proper form of action upon the facts of this case, has not been made a question in the argument. That it would lay against Wells, the debtor, for his actual disposition of the property, cannot be doubted. And it is probably a legitimate conclusion from authority, that if the plaintiff had a right to recover in any form of action, against this defendant, he was at liberty to elect between trover for the property, and assumpsit upon the defendant’s receipt: — that the surrender of the property to Wells being unauthorized…
2Cases cited4 opinions
- McGregor v. BalchSupreme Court of Vermont · 1842
- Sawyer v. AdamsSupreme Court of Vermont · 1836
- Morton v. EdwinSupreme Court of Vermont · 1846
- Allen v. CartySupreme Court of Vermont · 1846
3Cited by4 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- Jefferson v. StateMississippi Supreme Court · 1871
- Converse v. PorterSupreme Court of New Hampshire · 1864
- Lamoille Valley Railroad v. Selectmen & Treasurer of the Town of FairfieldSupreme Court of Vermont · 1878