Legal Opinion

H. C. Redington & Co. v. Roberts

Supreme Court of Vermont

Decided July 15, 1853PublishedCited by 13 opinions

Trespass for a quantity of scythes, scythe snaths, forks and hoes. Plea, the general issue, and trial by jury. Upon the trial, the following facts were proved. The plaintiffs are manufacturers, and wholesale dealers, in such articles, as they have sued for, and reside in Littleton, N. II. On the 25th day of November, 1850, the travelling agent of the plaintiffs, called on Messrs.

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Trespass for a quantity of scythes, scythe snaths, forks and hoes. Plea, the general issue, and trial by jury. Upon the trial, the following facts were proved. The plaintiffs are manufacturers, and wholesale dealers, in such articles, as they have sued for, and reside in Littleton, N. II. On the 25th day of November, 1850, the travelling agent of the plaintiffs, called on Messrs. J. A. Braynard & Co., merchants, in Morgan, Vt., and on that day, J. A. Braynard & Co. gave said agent an order for a quantity of scythes, scythe snaths, forks and hoes. It was agreed at the time, between said agent…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The defendant is prosecuted, in this action of trespass, for taking and converting to his own use various articles of personal property mentioned in the declaration. To sustain this action, the plaintiffs must prove in themselves, a property in the goods either general or special, and the right of immediate possession. If these facts are proved, the plaintiffs will be entitled to recover of the defendant, as he has not set up any title to this property in himself, nor by special plea, any matter of justification.

The defendant, denies this…

2Cases cited1 opinion

  1. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by13 opinions

  1. Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
  2. Galvin v. MacKenzieOregon Supreme Court · 1891
  3. Peninsular Stove Co. v. EllisIndiana Court of Appeals · 1898
  4. St. Louis & S. F. Ry. Co. v. JohnstonU.S. Circuit Court for the District of Southern New York · 1886
  5. Brock v. SchradskyColorado Court of Appeals · 1895

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