Lincoln v. Blanchard
Supreme Court of Vermont
This was art action of assumpsit, in which the plaintiff’s declaration was in these words — “ For that the plaintiff, at said Chelsea, ‘ on the first day of June, was possessed of a certain black gelding * colt, two years old, which he had previously bought of one Wal- ‘ ter M. Wilson of Brookfield, in said Orange county, which said ‘ colt the defendant then and there pretended falsely and fraudulent- ‘ to claim as his own; and, to induce the plaintiff to deliver up to ‘…
Read the full summary
This was art action of assumpsit, in which the plaintiff’s declaration was in these words — “ For that the plaintiff, at said Chelsea, ‘ on the first day of June, was possessed of a certain black gelding * colt, two years old, which he had previously bought of one Wal- ‘ ter M. Wilson of Brookfield, in said Orange county, which said ‘ colt the defendant then and there pretended falsely and fraudulent- ‘ to claim as his own; and, to induce the plaintiff to deliver up to ‘ him, the said defendant, the said colt, he then and there undertook ‘ and promised the plaintiff, that, if he would deliver…
1Opinion of the Court
The opinion of the court was delivered by
Rjsdfield, J.
Only two questions properly arise, in the present case, upon the bill of exceptions.
1. Was the record of the judgment, in the suit in favor of the plaintiff against Wilson, properly admitted in this action. The question is not, what shall be the effect of this record ? — is it conclusive of the question of title of the horse 1 — but, is it admissible for any purpose? We think it is. The defendant’s undertaking with the plaintiff was not, that, if it should appear that Wilson owned the horse, he would make good the plaintiff’s loss; — but,…
2Cited by5 opinions
- Ireland v. Linn County BankSupreme Court of Kansas · 1918
- State v. FreemanSupreme Court of Vermont · 1891
- Newton v. BrownSupreme Court of Vermont · 1876
- Pasewalk v. BollmanNebraska Supreme Court · 1890
- Curtis v. BurdickSupreme Court of Vermont · 1876