Newman v. Garfield
Supreme Court of Vermont
Action ok Trover to recover the value of certain goods, and a count in trespass quare clausum for breaking and entering plaintiff’s store, and there selling and carrying away the same goods. Plea, the general issue, and notice of special matter in justification that defendant, as deputy sheriff, sold the goods on an execution against one M. H. Lewis, and that the goods were the property of said Lewis.
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Action ok Trover to recover the value of certain goods, and a count in trespass quare clausum for breaking and entering plaintiff’s store, and there selling and carrying away the same goods. Plea, the general issue, and notice of special matter in justification that defendant, as deputy sheriff, sold the goods on an execution against one M. H. Lewis, and that the goods were the property of said Lewis. Trial by jury at the June Term, 1917, Caledonia County, Fish, J., presiding. The jury returned a general verdict for the plaintiff to recover $343.75, and returned a special verdict that the…
1Opinion of the CourtPowers, J.
M. Ii. Lewis was a merchant at West Burke. On July 7, 1916, in good faith and for an adequate price, he sold his stock of goods to this plaintiff, who paid for and took possession of the same, and continued the business in the same store which he rented of Lewis for that purpose. At the time of this transaction Lewis owed the Haskell-Armstrong Company, of Portland, Me., an unpaid bill for merchandise, and that concern brought suit against him and attached the goods in the plaintiff’s possession, and having obtained judgment therein, took out an execution and sold a part of these goods to…
2Cases cited16 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Daly v. Sumpter Drug Co.Tennessee Supreme Court · 1912
- Wheeler & Motter Merc. Co. v. MoonMontana Supreme Court · 1914
- Isham v. Bennington Iron Co.Supreme Court of Vermont · 1847
- McGreenery v. MurphySupreme Court of New Hampshire · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reed v. AllenSupreme Court of Vermont · 1959
- State Ex Rel. Billado v. Control CommissionersSupreme Court of Vermont · 1946
- University of Vermont & State Agricultural College v. WardSupreme Court of Vermont · 1932
- State v. BaldwinSupreme Court of Vermont · 1937
- State v. FoxSupreme Court of Vermont · 1961
8 more not listed; retrieve them via the Exa API.