Adams v. Fox
Supreme Court of Vermont
Assumpsit upon a receipt for property attached. Plea, the general issue, and trial by the court. • On trial the plaintiff gave in evidence the receipt declared upon, executed by the defendant, by which he acknowledged that he had received of the- plaintiff, a deputy sheriff, one hundred and twenty five sheep’s pelts, worth one hundred dollars, which the plaintiff had attached as the property of Andrew Backus, upon several writs of ’ attachment against him, describing them,…
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Assumpsit upon a receipt for property attached. Plea, the general issue, and trial by the court. • On trial the plaintiff gave in evidence the receipt declared upon, executed by the defendant, by which he acknowledged that he had received of the- plaintiff, a deputy sheriff, one hundred and twenty five sheep’s pelts, worth one hundred dollars, which the plaintiff had attached as the property of Andrew Backus, upon several writs of ’ attachment against him, describing them, which property the defendant therein promised to “ deliver to said Adams, or his order, on demand, free from expense.”…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in this case is, whether a receipt man may defend the suit of the sheriff, by showing that the property belonged to him at the time of the attachment. The case of Learned v. Bryant, 13 Mass. 222, decides, that the receipt man may show that the property belonged to a third person, who has claimed it, and to whom it has been surrendered. The case of Barsley v. Hamilton, 15 Pick. 40, decides, that the receipt man may show property in himself in mitigation of damages ; and, in consequence of such proof, the recovery was merely…
2Cases cited2 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Jones v. GilbertSupreme Court of Connecticut · 1840
3Cited by12 opinions
- Perry v. WilliamsWisconsin Supreme Court · 1876
- Brown v. GleedSupreme Court of Vermont · 1860
- Case, Bishop & Co. v. D. M. Steele & Co.Supreme Court of Kansas · 1885
- Polley v. HazardSupreme Court of Vermont · 1897
- Foster v. DischnerSouth Dakota Supreme Court · 1927
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