Legal Opinion

Cady v. Owen

Supreme Court of Vermont

Decided November 15, 1861PublishedCited by 10 opinions

Trover for certain property known as “ Kane’s Arctic Expedition,” consisting of three sections of paintings, on canvass. Plea the general issue and trial by jury, Windsor County, December Term, 1860, Barrett, J., presiding.

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Trover for certain property known as “ Kane’s Arctic Expedition,” consisting of three sections of paintings, on canvass. Plea the general issue and trial by jury, Windsor County, December Term, 1860, Barrett, J., presiding. The plaintiff’s evidence tended to prove, that, in November, 1858, he was the owner of the property described in this declaration, and that, as such owner, he sold an undivided half of. the property to Alonzo C. Moore, under an agreement that the title to the property should remain in him until paid for •, which contract was afterwards reduced to writing, and the writing…

1Opinion of the Court

Poland, Ch. J.

It does not appear from the exceptions in the case whether the plaintiff’s witness, Moore, was or was not enquired of, on his cross examination, whether, at the time the property in question was attached by the defendant, he (Moore) said anything in reference to the plaintiff’s being the owner of it. Hefiiad testified tkat the property belonged to the plaintiff. The defendant offered to prove that on that occasion Moore said nothing in relation to the plaintiff’s being the owner. The plaintiff objected to this, but it does not appear that he objected on the ground that Moore was…

2Cited by10 opinions

  1. Rogers v. Portland & Brunswick Street RailwaySupreme Judicial Court of Maine · 1905
  2. Martin v. Maine Central RailroadSupreme Judicial Court of Maine · 1890
  3. Wilmot v. HowardSupreme Court of Vermont · 1867
  4. Hemmer v. Tennessee Electric Power Co.Court of Appeals of Tennessee · 1940
  5. Locklin v. DavisSupreme Court of Vermont · 1899

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