Buck v. Kent
Supreme Court of Vermont
Action of trover for two promissory notes executed by the plaintiff on the exchange of horses for the difference in the supposed value. One of the notes was made payable to a third person, the other to the defendant. At the time of the exchange it was agreed by the parties that, if the defendant’s horse should prove unsound, the contract was to be rescinded. The bargain was afterwards, by mutual consent, rescinded, and the defendant thereupon agreed to return the notes.
Read the full summary
Action of trover for two promissory notes executed by the plaintiff on the exchange of horses for the difference in the supposed value. One of the notes was made payable to a third person, the other to the defendant. At the time of the exchange it was agreed by the parties that, if the defendant’s horse should prove unsound, the contract was to be rescinded. The bargain was afterwards, by mutual consent, rescinded, and the defendant thereupon agreed to return the notes. The plaintiff subsequently made demand of the defendant for the notes, who refused to deliver them, and af-terwards, for a…
1Opinion of the CourtWilliams, J.
delivered the opinion of the Court. — The following questions are made in this case : 1st. Whether the plaintiff can maintain an action of trover for a note given by him to defendant under the circumstances detailed in this case ? 2nd. Whether, upon the evidence of the judgement rendered on the note, the plaintiff was so far precluded by the judgement, that he could maintain no action against the defendant for the injury sustained ?
The case states that this note was given to the defendant on the exchange of horses, but was to be returned to the plaintiff if he rescinded the contract for the…
2Cases cited2 opinions
- Murray v. BurlingNew York Supreme Court · 1813
- Towle v. LovetMassachusetts Supreme Judicial Court · 1810
3Cited by7 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Pierce v. GilsonSupreme Court of Vermont · 1837
- Savery v. HaysSupreme Court of Iowa · 1865
- Boyer v. FennAppellate Terms of the Supreme Court of New York · 1897
- Long v. McIntoshSupreme Court of Georgia · 1907
2 more not listed; retrieve them via the Exa API.