Buck v. Ashley
Supreme Court of Vermont
Trover for a tub of butter. Plea, the general issue. Trial bv jury September Term, 1864, Axdis, J., presiding. The facts are fully stated in the opinion of the court. insisted that this suit was sustainable only against the sheriff, and cited G-. S. p. ■‘88, § 24 ; Abbott v. Kimball et al., 19 Vt. 551; Hutchinson v. Barkhurst, 1 Aik. 258. insisted that trover could be sustained against the deputy.
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Trover for a tub of butter. Plea, the general issue. Trial bv jury September Term, 1864, Axdis, J., presiding. The facts are fully stated in the opinion of the court. insisted that this suit was sustainable only against the sheriff, and cited G-. S. p. ■‘88, § 24 ; Abbott v. Kimball et al., 19 Vt. 551; Hutchinson v. Barkhurst, 1 Aik. 258. insisted that trover could be sustained against the deputy. An attachment may be such a conversion as to enable one to sustain trover against the officer making it. 16 Conn. 346. We claim that for the station agent’s acts the defendant is alone responsible.…
1Opinion of the Court
Poland, Ch. J.
The defendant as deputy sheriff attached several tubs of butter and several boxes of cheese then in the freight depot at Milton, on a writ against the plaintiff, and left the property so attached, in said depot in the care of the station agent. The plaintiff settled the debt upon which the attachment was made, and the attachment was thereby ended. Upon going to the depot and calling for the butter and cheese so attached, the plaintiff found that one tub of the butter was missing; and both parties seem to have conpeded that it had been stolen from the depot.
The plaintiff demanded…
2Cases cited4 opinions
- Abbott v. KimballSupreme Court of Vermont · 1847
- Hale v. HuntleySupreme Court of Vermont · 1849
- Rice v. ClarkSupreme Court of Vermont · 1836
- Hutchinson v. ParkhurstSupreme Court of Vermont · 1826
3Cited by5 opinions
- Doe v. ForrestSupreme Court of Vermont · 2004
- Loverin v. WedgeSupreme Court of Vermont · 1929
- Wetmore v. Hooker Co., Inc.Supreme Court of Vermont · 1941
- In re R. Brown & Sons, Inc.United States Bankruptcy Court, D. Vermont · 2013
- Doe v. ForrestSupreme Court of Vermont · 2004