Burnell v. Marvin
Supreme Court of Vermont
Trover, brought in the name of the plaintiff, but by and for the benefit of B. E. Assinault, to recover for the value of a wagon. Plea, the general issue and trial by jury, and verdict for the plaintiff, April term, 1871, Royos, J., presiding. It was admitted that the defendant, as constable of the town of Swanton, attached and sold the wagon in controversy before the bringing; of this suit, on a writ of attachment in favor of E. S. Meigs and against J. A. Potwin.
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Trover, brought in the name of the plaintiff, but by and for the benefit of B. E. Assinault, to recover for the value of a wagon. Plea, the general issue and trial by jury, and verdict for the plaintiff, April term, 1871, Royos, J., presiding. It was admitted that the defendant, as constable of the town of Swanton, attached and sold the wagon in controversy before the bringing; of this suit, on a writ of attachment in favor of E. S. Meigs and against J. A. Potwin. The plaintiff introduced and read in evidence the contract referred to in the testimony, and of which the following is a copy : “…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is trover for a wagon. The plaintiff sold the wagon, conditionally, to J. A. Potwin, August 14,1861: reserving the property in himself until the purchase-money — $90 —was paid. A contract stipulating for the payment in instal-ments and containing the conditions, was executed by Potwin to the plaintiff at that date. Potwin never paid any portion of the purchase-money. In December, 1861, plaintiff sold his right and ■interest in the wagon to one Assinault, who paid him therefor $90. The defendant, as constable of Swanton, attached…
2Cases cited2 opinions
- Buckmaster v. SmithSupreme Court of Vermont · 1850
- Deering v. AustinSupreme Court of Vermont · 1861
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