Ruggles v. Walker
Supreme Court of Vermont
The plaintiff’s declaration contained counts in trespass and trover for taking and converting four tons of starch. Plea not guilty, and trial by jury at the December term, 1859, Poland, J., presiding. The plaintiff gave evidence tending to prove the following facts : In March, 1859, Daniel Whipple owned a starch factory in Lyndon, and that the defendant owned a quantity .of potatoes in said factory.
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The plaintiff’s declaration contained counts in trespass and trover for taking and converting four tons of starch. Plea not guilty, and trial by jury at the December term, 1859, Poland, J., presiding. The plaintiff gave evidence tending to prove the following facts : In March, 1859, Daniel Whipple owned a starch factory in Lyndon, and that the defendant owned a quantity .of potatoes in said factory. Whipple had failed and all his property had been attached, and he was desirous to make an arrangement so that he could have the avails of his personal labor for • his own use. Accordingly he made…
1Opinion of the CourtKellogg, J.
The first question in this case is, whether Whipple, the plaintiff’s assignor, had any lien on the property which is the subject of the action, for the price of manufacturing it; and the second, whether if he had a lien, it was of such a character as to enable him to transfer it with the property by assignment to the plaintiff, so that the plaintiff could rightfully hold the property against the defendant. It is conceded that the general property' in the starch manufactured by Whipple was in the defendant.
I. A lien is a right to retain in one’s possession another’s property until some demand…
2Cases cited1 opinion
- McFarland v. WheelerNew York Supreme Court · 1841
3Cited by7 opinions
- Glascock v. LempIndiana Court of Appeals · 1901
- Brown v. Chicago, Santa Fe & California Railway Co.Court of Appeals of Kansas · 1889
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
- Bergman v. GaySupreme Court of Vermont · 1906
- Eugene Barry & Sons v. StoneCourt of Appeals for the First Circuit · 1925
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