Hurlburt v. Green
Supreme Court of Vermont
Trespass and Trover to recover the value of a horse. Trial by jury, June term, 1868, Caledonia county, Steele, J., presiding. Verdict for the defendant. Exceptions by the plaintiff. The defendant admitted the taking and conversion of said' horse, but claimed to be justified because he distrained it by vir-' tue of tax-bills and warrants put into his hands as collector of school district No. 10, in the town of Waterford, and as collector of highway taxes of said town.
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Trespass and Trover to recover the value of a horse. Trial by jury, June term, 1868, Caledonia county, Steele, J., presiding. Verdict for the defendant. Exceptions by the plaintiff. The defendant admitted the taking and conversion of said' horse, but claimed to be justified because he distrained it by vir-' tue of tax-bills and warrants put into his hands as collector of school district No. 10, in the town of Waterford, and as collector of highway taxes of said town. Both of said taxes were made up from the list of the town of Waterford for the year 1866. The plaintiff claimed that he was…
1Opinion of the Court
The opinion of the court was delivered by
PieRPOint, C. J.
The decision of the county court as to the rule of damages was clearly correct. The plaintiff having procured the horse to be bid off at the auction sale for himself, and having appropriated him to his own use, is entitled to recover only what he was compelled to pay for him, as that is the extent of the injury he has sustained in consequence of the act of the defendant.
The plaintiff requested the court to instruct the jury, “ that the-burden of proof was on the defendant to prove that the plaintiff’s residence was in the town of…
2Cited by11 opinions
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- Fields v. WilliamsSupreme Court of Alabama · 1890
- Hildreth v. FittsSupreme Court of Vermont · 1881
- First Nat. Bank of Kansas City v. RushCourt of Appeals for the Eighth Circuit · 1898
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