Johnson v. Worden
Supreme Court of Vermont
Trover for a yoke of oxen. Plea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding. The evidence on both sides concurred in showing, that on the 16th of January, 1871, the plaintiff sold said oxen to the defendant conditionally, and delivered them into his possession, receiving therefor a cow valued at $40.00, and the defendant’s written* memorandum of sale for $125, containing the stipulation that said oxen were to be and remain the property…
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Trover for a yoke of oxen. Plea, the general issue, and trial by jury, September term, 1873, Barrett, J., presiding. The evidence on both sides concurred in showing, that on the 16th of January, 1871, the plaintiff sold said oxen to the defendant conditionally, and delivered them into his possession, receiving therefor a cow valued at $40.00, and the defendant’s written* memorandum of sale for $125, containing the stipulation that said oxen were to be and remain the property of the plaintiff until said $125, with interest thereon, should be fully paid, which said memorandum was never recorded…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
As this case is here understood, the defendant was himself a party to the submission to Judge Underwood. Having made that submission, he is bound by the decision, not because he had any authority to submit claims of the assignee, nor because Judge Underwood had any authority as register over the question, but because he could submit his own claim to arbitration, and Judge Underwood had authority as an arbitrator. The right of the defendant to have the avails of the Morse claim go in satisfaction of the plaintiff’s demand, was decided against…
2Cited by8 opinions
- Bryant v. KinyonMichigan Supreme Court · 1901
- Darling v. WoodwardSupreme Court of Vermont · 1881
- Priest v. Foster & JaquithSupreme Court of Vermont · 1897
- First National Bank v. BamforthSupreme Court of Vermont · 1916
- Hammond & Burt v. NobleSupreme Court of Vermont · 1884
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