Gibbs v. Linsley
Supreme Court of Vermont
ThoveR, for a quantity of axe-helves. Plea, not guilty. Issue to the court. On the trial below, the plaintiffs introduced the deposition of Joseph C. Ketchum, who testified that in the fall of 1837, he received from the plaintiffs, who resided in Connecticut, twenty-five dozen axe-helves, which were sent to him to sell on commission; that, in addition to that quantity, the witness received twenty-seven dozen axe-helves, which were sent to him by the plaintiffs through…
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ThoveR, for a quantity of axe-helves. Plea, not guilty. Issue to the court. On the trial below, the plaintiffs introduced the deposition of Joseph C. Ketchum, who testified that in the fall of 1837, he received from the plaintiffs, who resided in Connecticut, twenty-five dozen axe-helves, which were sent to him to sell on commission; that, in addition to that quantity, the witness received twenty-seven dozen axe-helves, which were sent to him by the plaintiffs through mistake ; that the helves were put in a store-room, occupied by the witness, and he thought lie did not sell any of them, but…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The first question this case presents is, was the award between the defendant and Stewart admissible in this case ? As a general rule, no judgment can be given in evidence to settle the facts or matter on which the judgment was founded, unless it is reciprocal, and conclusive upon both the parties. This award would not bind the present plaintiffs, who were not parties to it. But there are other objections. The plaintiffs commence this action of trover as owners of the axe-, helves. They prove that Ketchum, their agent, sold them to Stewart,…
2Cited by7 opinions
- State v. VincentSupreme Court of Iowa · 1868
- Conrad v. GriffeySupreme Court of the United States · 1851
- Stolp v. BlairIllinois Supreme Court · 1873
- State v. TurleySupreme Court of Vermont · 1913
- Phelps v. UtleySupreme Court of Vermont · 1917
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