Hart v. Skinner
Supreme Court of Vermont
Trover for an Omnibus. Plea, the general issue, and trial by jury. On trial the plaintiff proved that he was the owner of the carriage in question, which was one suitable to be drawn by two horses ; that, on the 18th day of March, 1842, he let it to the defendant, to be used in the village of Burlington; and not to be run out of that town; and that,, on the morning of the 17th of March;. 1842, the defendant, without the knowledge or consent of the plaintiff, caused the…
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Trover for an Omnibus. Plea, the general issue, and trial by jury. On trial the plaintiff proved that he was the owner of the carriage in question, which was one suitable to be drawn by two horses ; that, on the 18th day of March, 1842, he let it to the defendant, to be used in the village of Burlington; and not to be run out of that town; and that,, on the morning of the 17th of March;. 1842, the defendant, without the knowledge or consent of the plaintiff, caused the carriage to be sent to Jericho, a distance of twelve miles from Burlington, with two pair of horses attached to it, and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In regard to the right of the defendant in actions of trover and trespass de bonis, in the English courts, at the present day, to surrender the property taken, in specie, in mitigation, or, in many cases, in satisfaction of damages, there can be no manner of *142doubt. How this right has grown into its present constant use, in these forms of action, it may not be necessary minutely to inquire; although it would, I apprehend, be not wholly void of interest to the student to examine the process by which the courts of that country continue to…
2Cases cited2 opinions
- Powers v. PowersSupreme Court of Vermont · 1839
- Clark v. RiceSupreme Court of Vermont · 1834
3Cited by21 opinions
- Colby v. ReedSupreme Court of the United States · 1879
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Sidney Blumenthal & Co. v. United StatesCourt of Appeals for the Second Circuit · 1929
- Churchill v. WelshWisconsin Supreme Court · 1879
- Carpenter v. American Building & Loan Ass'nSupreme Court of Minnesota · 1893
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