Farnham v. Chapman
Supreme Court of Vermont
Assumpsit upon the warranty of title to a horse. Plea, nonassumpsit; trial by jury at the December Term, 1888, Ross, J.,.„ presiding. > Verdict for the plaintiff, exceptions by the defendant. It appeared that in 1883, John 0. Stapleton had replevied this horse from one Hope, and that the suit of replevin was then pending.
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Assumpsit upon the warranty of title to a horse. Plea, nonassumpsit; trial by jury at the December Term, 1888, Ross, J.,.„ presiding. > Verdict for the plaintiff, exceptions by the defendant. It appeared that in 1883, John 0. Stapleton had replevied this horse from one Hope, and that the suit of replevin was then pending. Stapleton was indebted to the defendant, Chapman,., in the sum of about $125, and left the horse in the possession of one Brooks, with instructions to sell it and turn the proceeds-over to the defendant, or to permit the defendant to sell it and retain sufficient of the…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
The following facts appeared on the trial in thé court below: John 0. Stapleton left a horse towhich lie supposed he had' title, with, one-Brooks, with directions that either Brooks or the-defendant might sell it and apply $125 of the proceeds of the sale in payment of Stapleton’s indebtedness to the defendant of that amount, for which the defendant held his promissory note. The defendant, with Brooks’ consent, afterwards sold'the horse to the-plaintiff for $125, .and applied the sum in payment of his debt. During the negotiations it appeared…
2Cases cited3 opinions
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Greene v. BurtonSupreme Court of Vermont · 1887
- Eddy v. DavidsonSupreme Court of Vermont · 1869
3Cited by1 opinion
- Gotham Nat. Bank of New York v. Sharood Co.Court of Appeals for the Second Circuit · 1928