Howe v. Stewart
Supreme Court of Vermont
This was au action of replevin heard upon llie following agreed facts : “ The goods in question were spirituous liquor?, not in the original packages in which they were imported into the United States. “The goods were contracted for on the 15th day of January, A. D. 1867, at Johnson, by one Kirk, with one Morgan, agent ol the plaintiffs, but had never been paid for by Kirk.
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This was au action of replevin heard upon llie following agreed facts : “ The goods in question were spirituous liquor?, not in the original packages in which they were imported into the United States. “The goods were contracted for on the 15th day of January, A. D. 1867, at Johnson, by one Kirk, with one Morgan, agent ol the plaintiffs, but had never been paid for by Kirk. Morgan forwarded the order of Kirk to the plaintiffs, who were merchants, doing business at Boston, Massachusetts, about the 21st day of January, 1867. “ Upon receipt of the order from Morgan, the plaintiffs shipped the…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
Upon the facts, as shown by the agreed case, there was a complete and perfected sale of the liquors in question to Kirk. He acquired the title thereto upon its delivery to the carrier for transportation to Waterbury, its place of destination. Bligh v. James, 5 Allen, 106. As creditors with respect to its sale to Kirk, the plaintiffs set up the right to reclaim it in transitu, upon the ground that Kirk had become insolvent. We have no doubt but that this species of property is a subject of sale, and liable to attachment by a creditor of the…
2Cases cited3 opinions
- Territt v. BartlettSupreme Court of Vermont · 1849
- Lord v. ChadbourneSupreme Judicial Court of Maine · 1856
- Guilford v. SmithSupreme Court of Vermont · 1858
3Cited by3 opinions
- Jacobs v. Clark and ClarkSupreme Court of Vermont · 1942
- Barron v. ArnoldSupreme Court of Rhode Island · 1887
- Hill v. SpearSupreme Court of New Hampshire · 1870