Hefflin v. Bell
Supreme Court of Vermont
Trespass for a horse. Plea not guilty, and trial by jury, at the December Term, 1856, — Peck, J., presiding. The plaintiff introduced evidence tending to show that on February 22d, 1855, he sold and delivered the horse in question, under a written contract, to one Connor, for one hundred and twenty-five dollars, with a condition to such sale that the horse was not to become Connor’s property until the whole purchase money was paid, for which Connor gave the plaintiff a note,…
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Trespass for a horse. Plea not guilty, and trial by jury, at the December Term, 1856, — Peck, J., presiding. The plaintiff introduced evidence tending to show that on February 22d, 1855, he sold and delivered the horse in question, under a written contract, to one Connor, for one hundred and twenty-five dollars, with a condition to such sale that the horse was not to become Connor’s property until the whole purchase money was paid, for which Connor gave the plaintiff a note, dated at the time the contract was made, and payable in six months from date, with interest; that previous to the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
Two questions are raised in the present case: I. Whether the tender px-oved in the case is sufficient, under the statute of 1854, to enable the officer to hold the property under the attachment, discharged of the plaintiff’s claim. The statute in terms requires a “ tender to the vendor’, his agent or attorney, within ten days after such attachment, of the residue of such purchase money.” The evidence of some attempt at a tender by the attorney, after the ten days had expired and the suit was commenced, may be laid out of the case as not…
2Cited by4 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Duncan v. StoneSupreme Court of Vermont · 1872
- Towner v. BlissSupreme Court of Vermont · 1878