Wood v. Dudley
Supreme Court of Vermont
This was an action of trover for a horse. — Plea, the general issue and trial by jury. On the trial the defendant produced the following contract:— “ Barre, February 25, 1834. “ Sold to Emerson, Dudley and Torrey, one bay mare for eleven dollars and forty-five cents, for which I have received my pay in cash, and deliver said mare to said Emerson, Dudley and Tor-rey as their own property.
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This was an action of trover for a horse. — Plea, the general issue and trial by jury. On the trial the defendant produced the following contract:— “ Barre, February 25, 1834. “ Sold to Emerson, Dudley and Torrey, one bay mare for eleven dollars and forty-five cents, for which I have received my pay in cash, and deliver said mare to said Emerson, Dudley and Tor-rey as their own property. The condition of this bill of sale is such, that if l redeem said mare within four weeks, and pay the expense of keeping, with the above named sum of eleven dollars and forty-five cents and interest, then…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The only question in this case is, whether the eontract in question be a mortgage or a pledge. If the former, the *435plaintiff cannot recover; but if the latter, he may recover, provided the proof makes out a conversion.
The distinction between a mortgage and a pledge, is important, as the effects of each are widely different. In a mortgage of a personal chattel, the general property passes to the mortgagee, subject to be redeemed, according to the terms of the contract; and if not redeemed within the time limited, the property becomes absolute…
2Cited by11 opinions
- Mason v. SaultSupreme Court of Vermont · 1919
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Thompson v. FairbanksSupreme Court of Vermont · 1903
- Mower v. McCarthySupreme Court of Vermont · 1906
- Blodgett v. BlodgettSupreme Court of Vermont · 1875
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