Thorp v. Robbins
Supreme Court of Vermont
Trover. Trial by court at the March term, 1895, Chittenden county,' Ross, C. J., presiding. Upon the facts found the court gave judgment for the plaintiff. The defendant excepts. The plaintiff sued for certain shafting and machinery. It appeared that in March, 1893, one Smith had bought this property of one Terrill and attached the same in the usual manner to his, Smith’s, saw-mill.
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Trover. Trial by court at the March term, 1895, Chittenden county,' Ross, C. J., presiding. Upon the facts found the court gave judgment for the plaintiff. The defendant excepts. The plaintiff sued for certain shafting and machinery. It appeared that in March, 1893, one Smith had bought this property of one Terrill and attached the same in the usual manner to his, Smith’s, saw-mill. In August, 1893, Smith gave a chattel mortgage of this property to one Hunt, which was good in other respects, but never recorded. January 3, 1894, Hunt placed this mortgage in the hands of the defendant, an…
1Opinion of the CourtStart, J.
Upon the findings of fact, the court below should have rendered judgment for the defendant. No demand was made. In fact a demand would have been of no avail, as the defendant never had actual or constructive possession of the property, nor did the purchaser have such possession. It remained in the same condition it was in at *55the time of the attachment. So far as appeared, it was then set up in a saw-mill on land leased by the mortgagor, and so remained until the trial in the court below. It does not appear that the defendant delivered the property to the purchaser, or that he ever exercised…
2Cases cited3 opinions
- Tinker v. MorrillSupreme Court of Vermont · 1866
- Irish v. CloyesSupreme Court of Vermont · 1836
- Francis F. Holt & Co. v. ThacherSupreme Court of Vermont · 1880
3Cited by8 opinions
- Martin v. SikesWashington Supreme Court · 1951
- Nye v. DanielsSupreme Court of Vermont · 1902
- Gillespie v. HollandOhio Court of Appeals · 1914
- Hall v. Merchants State BankSupreme Court of Iowa · 1925
- Booth v. New York Central RailroadSupreme Court of Vermont · 1921
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