Davis & Aubin v. John Bradley & Co.
Supreme Court of Vermont
Trover for thirty-one bales of wool. Plea, the general issue ; trial by jury, March Term, 1855, — Pierpoint, J.,’ presiding.
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Trover for thirty-one bales of wool. Plea, the general issue ; trial by jury, March Term, 1855, — Pierpoint, J.,’ presiding. The wool originally belonged to Sanborn & Catlin, of S wanton, and was sold by them to B. & H. Boynton, of Hinesburgh, and forwarded to the deferents, who were storage and forwading mer-l chants, at Burlington, early in the spring of 1848; and was attached by the defendants on a writ in their favor against B. & H. Boynton, on the 20th of June, 1848, and on one in favor of Vilas & Noyes against B. & TI. Boynton, on the same 20th of June, 1848; and was left by the officer…
1Opinion of the Court
The opinion of the court was delivered by
Redeielb, Ch. J.
The question in the present case is in regard to the right of a factor to a lien upon goods consigned to him and upon which he has made advances. Ashurst, J., in giving the opinion of the court in Lickbarrow v. Mason, 1 H. B. 357; 2 T. R. 63; 6 East 21, a very leading case upon this sub*122ject, says in regard to a bill of lading, “ If the consignor had intended to restrain the negotiability of it, he should have confined the delivery of the goods to the Vendor only, but he has made it ■an endorsable instrument.” The judge seems to consider…
2Cases cited3 opinions
- Holbrook v. WrightNew York Supreme Court · 1840
- Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1851
- Elliot & Boynton v. John Bradley & Co.Supreme Court of Vermont · 1851
3Cited by15 opinions
- Armington v. HoustonSupreme Court of Vermont · 1866
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
- Pacific Lumber Agency v. National Aircraft Materials Corp.Supreme Court of Vermont · 1936
- Joslyn v. Grand Trunk Railway Co.Supreme Court of Vermont · 1878
- First National Bank v. McAndrewsMontana Supreme Court · 1885
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