Legal Opinion

Smith v. Wood

Supreme Court of Vermont

Decided May 15, 1891PublishedCited by 7 opinions

Trover for the conversion of a meat cart. Plea, the general issue. Trial by court at the September term, 1890, Munson, J.> presiding. Judgment for the defendant. The plaintiff excepts. The defendant sold the plaintiff a meat cart for the sum of $45, $15 cash and the balance in a note secured by a vendor’s lien.

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Trover for the conversion of a meat cart. Plea, the general issue. Trial by court at the September term, 1890, Munson, J.> presiding. Judgment for the defendant. The plaintiff excepts. The defendant sold the plaintiff a meat cart for the sum of $45, $15 cash and the balance in a note secured by a vendor’s lien. More than thirty days after the note fell due, no part of it having been paid, the defendant took and sold the cart at private sale without the knowledge or consent of the defendant. The lien reserved was in the following words : “ Barre, April 14, 1888. For value received I promise to…

1Opinion of the Court

The opinion of tlie court was delivered by

START, J.

A conditional vendee of a chattel has a special property therein until it is sold at public auction in the manner provided by No. 93, Acts of 1881. He is entitled to the possession of the chattel until it is taken by a public officer for the purpose of such sale, and may maintain an action of trover against a conditional vendor who takes and sells the property-contrary to the provisions of that act. Roberts v. Hunt, 61 Vt. 612; Calkins v. Clement, 54 Vt. 635.

In Roberts v. Hunt, supra, it was held, that the remedy given by No. 93, Acts of…

2Cases cited2 opinions

  1. Calkins v. ClementSupreme Court of Vermont · 1881
  2. Roberts v. HuntSupreme Court of Vermont · 1889

3Cited by7 opinions

  1. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  2. Roper Wholesale Grocery Co. v. FaverCourt of Appeals of Georgia · 1910
  3. United States v. One Buick AutomobileDistrict Court, D. Vermont · 1927
  4. Clark v. ClementSupreme Court of Vermont · 1903
  5. French v. OsmerSupreme Court of Vermont · 1895

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