Grant v. King
Supreme Court of Vermont
Trover, to recover the value of a yoke of oxen. Plea, the general issue, and trial by jury. On the trial of this case in the county court, the plaintiff introduced testimony tending to show that, in the fall of 1836, Nathaniel King, one of the defendants, was living on a farm belonging to the plaintiff, and that the plaintiff let him have a pair of two year old cattle to work on the farm; that the cattle remained in the possession of King, upon said farm of the plaintiff,…
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Trover, to recover the value of a yoke of oxen. Plea, the general issue, and trial by jury. On the trial of this case in the county court, the plaintiff introduced testimony tending to show that, in the fall of 1836, Nathaniel King, one of the defendants, was living on a farm belonging to the plaintiff, and that the plaintiff let him have a pair of two year old cattle to work on the farm; that the cattle remained in the possession of King, upon said farm of the plaintiff, until the fall of 1839, when said King sold them to Edson Comstock, the other defendant, and they were driven away by…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The facts offered in evidence by the defendants would not have operated to divest the plaintiff of his general property in the oxen, though they would have constituted a bailment of them to King for four years, with the privilege of becoming the purchaser, at an under price, when the term should expire. In the meantime he would stand responsible for ordinary care in the use and keeping, and the plaintiff would be at all the risks of disease and casualty, which the bailor of such property for use commonly incurs. Such a contract would be…
2Cited by26 opinions
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- Johnston v. WhittemoreMichigan Supreme Court · 1873
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Sims v. BoyntonSupreme Court of Alabama · 1858
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