Hurd v. Darling
Supreme Court of Vermont
Trespass on the cáse, with a count in tfover, for twenty tons of hay and five hundred bundles of oats. Plea, the general issue, and trial by the jury.
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Trespass on the cáse, with a count in tfover, for twenty tons of hay and five hundred bundles of oats. Plea, the general issue, and trial by the jury. On trial the plaintiff gave in evidence a written agreement, signed by himself and the defendant Darling, but not sealed, by which the plaintiff leased to Davling certain prémises and stock for the term of two years from the first day of April, 1838, and by which Darling agreed, among other things, to deliver to the plaintiff one half of all the crops, except that fed to the stock, the produce to be divided by "weight and measure. Also evidence…
1Opinion of the Court
*381The opinion of the court was delivered by
Hebard, J.
Two questions are presented by the case.
1. Did the plaintiff have such an interest in the hay, that, for its conversion, he can maintain trover ?
2. In case he cannot maintain trover, then can he- have a recovery against both the defendants upon the count in case 1
The first question must depend principally upon the written contract. By the contract between the plaintiff and Darling, the farm and other property was leased to Darling for two years, for which, by way of rent, Darling was to deliver to plaintiff on said farm one half of all the…
2Cases cited2 opinions
- Tubbs v. RichardsonSupreme Court of Vermont · 1834
- Sanborn v. MorrillSupreme Court of Vermont · 1843
3Cited by4 opinions
- Aiken v. SmithSupreme Court of Vermont · 1849
- Frost v. KelloggSupreme Court of Vermont · 1851
- Walworth v. JennessSupreme Court of Vermont · 1886
- McLellan v. WhitneySupreme Court of Vermont · 1893