Legal Opinion

Root v. Lord

Supreme Court of Vermont

Decided August 15, 1851PublishedCited by 6 opinions

Trover for a cow. Plea the general issue, and trial by jury, June Term, 1851, — Poland, J., presiding. .About the first of June, 1848, the defendant sold to the plaintiff the cow in question for $20,00, one half of which was to be paid in July, and the residue in the ensuing autumn; but it was agreed between them, that the cow should remain the property of the defendant, until the plaintiff paid the price.

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Trover for a cow. Plea the general issue, and trial by jury, June Term, 1851, — Poland, J., presiding. .About the first of June, 1848, the defendant sold to the plaintiff the cow in question for $20,00, one half of which was to be paid in July, and the residue in the ensuing autumn; but it was agreed between them, that the cow should remain the property of the defendant, until the plaintiff paid the price. The plaintiff kept the cow in his possession until the early part of the autumn of 1849, when he drove her to the defendant’s house. The defendant refused to receive her, but the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only question in this case, which has not been already settled in this state by the case of West v. Bolton, 4 Vt. 558, and other cases following that, is in regard to the effect of the judgment, in an action of book account, for the price. And this, we think, can make no difference.

The most, which it could be claimed is implied in the judgment, is, that the defendant had sold and delivered the cow ; that is all which is requisite, in order to sustain the action and recover the judgment. And this is no more than what the original…

2Cases cited1 opinion

  1. West v. BoltonSupreme Court of Vermont · 1832

3Cited by6 opinions

  1. Bridgman v. St. Johnsbury & Lake Champlain R. R.Supreme Court of Vermont · 1885
  2. Priest v. Foster & JaquithSupreme Court of Vermont · 1897
  3. Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
  4. Rowan v. State BankSupreme Court of Vermont · 1872
  5. National Cash-Register Co. v. ColemanNew York Supreme Court · 1895

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