Bates v. Marsh
Supreme Court of Vermont
TRoyer for an undivided half of a piano forte. Plea the general issue and trial by jury at the September Term, 1859,— Barrett, J., presiding.
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TRoyer for an undivided half of a piano forte. Plea the general issue and trial by jury at the September Term, 1859,— Barrett, J., presiding. It appeared that one Churchill, who was the real plaintiff in interest, ’purchased the piano in question of one Chase, who had owned it in partnership with the defendant, but who by an arrangement with the defendant in relation to the settlement of their partnership affairs, became the sole owner thereof, and that this purchase was made by Churchill-of Chase, with the defendant's knowledge and consent; that Churchill thereupon took possession of the…
1Opinion of the Court
Redeield, Ch. J.
This is an action of trover for a piano. The plaintiff claims to recover the value of one undivided half of the instrument, on the ground that the defendant, after having sold the whole instrument to him, or allowed his partner to do it *123asserted title to one half of it, and after the plaintiff had transferred one half of the instrument to one Kellogg by means of a sale or execution against himself, the defendant sold one half of it to Kellogg and he carried the instrument out of the country.
This is the only evidence of conversion by the defendant. And it seems to us not…
2Cases cited1 opinion
- Tubbs v. RichardsonSupreme Court of Vermont · 1834
3Cited by1 opinion
- Goodrich v. ChappellSupreme Court of Vermont · 1916