Kimball v. Costa
Supreme Court of Vermont
TrovSr to recover the value of horses. Plea, not guilty. Trial by jury at the June Term, 1903, Orange County, Mtmson, J., presiding. Verdict ordered for the plaintiff. Judgment on verdict. The defendant excepted.
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TrovSr to recover the value of horses. Plea, not guilty. Trial by jury at the June Term, 1903, Orange County, Mtmson, J., presiding. Verdict ordered for the plaintiff. Judgment on verdict. The defendant excepted. The exceptions state that, “it was conceded by the parties that the horses were at the time of the alleged conversion of the value of $300; that the interest to date of trial would be $8.00 in addition; that there was proper demand and refusal before the suit was begun; that the defendant admitted the conversion of the property, provided the plaintiff made out a proper and legal…
1Opinion of the CourtTyler, J.
This action is trover for the conversion of twpi horses. The defendant admitted the conversion, provided the plaintiff had a legal title to the property.
It appeared that the plaintiff had made a conditional sale of the horses to one Lawrence, and in proof of a lien reserved he introduced in evidence, subject h> the defendant’s exception, a memorandum of the sale with a certificate of the town clerk that it had been duly recorded. It reads:
“$385. Newbury, Vt., June 9, 1902.
Lien Note.
For value received, I hereby promise to- pay F. F. Kim-ball or order the sum of F. F. Kimball- dollars, $50…
2Cases cited4 opinions
- Corgan v. FrewIllinois Supreme Court · 1865
- Witty v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1890
- Prim & Kimbell v. HammelSupreme Court of Alabama · 1902
- Petty v. FleishelTexas Supreme Court · 1868
3Cited by6 opinions
- McDonald Automobile Co. v. BicknellTennessee Supreme Court · 1914
- Manley Brothers Co., Inc. v. SomersSupreme Court of Vermont · 1927
- McArthur Bros. Mercantile Co. v. HagiharaArizona Supreme Court · 1921
- United States Fidelity & Guaranty Co. v. Northwest Engineering Co.Mississippi Supreme Court · 1927
- Citizens Bank of Georgetown v. JonesWashington Supreme Court · 1923
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