Legal Opinion

Parker v. Wilson

Supreme Court of Vermont

Decided October 15, 1888PublishedCited by 5 opinions

Trover for tbe conversion of a horse. Heard at tbe December Term of tbe Caledonia County Court, 1887, Taft, J., presiding, upon referee’s report, and exceptions of tbe plaintiff" thereto. 'Judgment for tbe defendant. The plaintiff excepts.. Tbe facts appear in the opinion. The court which adjudged the plaintiff liable as the trustee of' Ihe defendant had jurisdiction of the parties and the subject matter; hence its judgment is binding, and cannot be attacked collaterally.

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Trover for tbe conversion of a horse. Heard at tbe December Term of tbe Caledonia County Court, 1887, Taft, J., presiding, upon referee’s report, and exceptions of tbe plaintiff" thereto. 'Judgment for tbe defendant. The plaintiff excepts.. Tbe facts appear in the opinion. The court which adjudged the plaintiff liable as the trustee of' Ihe defendant had jurisdiction of the parties and the subject matter; hence its judgment is binding, and cannot be attacked collaterally. Usher v. Williams, 56 Yt. 587 ; Porter v. Gile,. 47 Yt. 620 ; Tappan v. Nutting, Bray. 137; Stearns v. Stearns, 32 Yt. 678…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

This was an action of trespass and trover for taking and converting one horse. It was found by the referee that on the 31st of August, 1885, the defendant sold said horse to the plaintiff, and, in payment received of the plaintiff his note for $115, payable to the defendant, or bearer, in monthly installments, and his contract that the horse was to be and remain the •property of the defendant until the note and interest should be paid.

On the same day the defendant transferred the note to one Bugbee to apply on a note that Bugbee held…

2Cases cited3 opinions

  1. Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
  2. Holmes v. ClarkSupreme Court of Vermont · 1873
  3. Hastie v. KelleySupreme Court of Vermont · 1884

3Cited by5 opinions

  1. First Wisconsin Mortgage Trust v. Wyman's, Inc.Supreme Court of Vermont · 1981
  2. Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
  3. State v. RogersSupreme Court of Vermont · 1963
  4. Baldwin v. PercivalSupreme Court of Vermont · 1914
  5. Otis v. Springfield Fire & Marine InsuranceSupreme Judicial Court of Maine · 1923

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