Nye v. Daniels
Supreme Court of Vermont
TrovEr for a sewing machine. Plea, the general issue. Trial by jury at the December Term, 1900, Caledonia County, Taft, C. J., presiding. The court ordered a verdict for the plaintiff for the value of the machine, and only submitted to the jury the question of its value. Judgment on verdict. The defendant excepted. It was error to allow the plaintiff to testify that she was the owner of the machine.
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TrovEr for a sewing machine. Plea, the general issue. Trial by jury at the December Term, 1900, Caledonia County, Taft, C. J., presiding. The court ordered a verdict for the plaintiff for the value of the machine, and only submitted to the jury the question of its value. Judgment on verdict. The defendant excepted. It was error to allow the plaintiff to testify that she was the owner of the machine. All the title she had was in writing, and the writing was the best and only evidence. It was error to admit in evidence the pretended final receipt, purporting to be signed by McLaughlin, Manager.…
1Opinion of the CourtRowell, C. J.
The contract under which the plaintiff claims title to the sewing-machine in question, was made with The Singer Manufacturing Co., by Wm. McLaughlin, Manager. It acknowledges the receipt of $17.00, and says that “there yet remains $43.00 to' be paid” by the plaintiff before she “will complete the payments called for by the lease,” which she agrees to pay at the rate of $3.00 a month until paid. Coupon receipts were to be given for the payments, and “when they amount to $43.00, the lease will be fully satisfied.” The machine is to remain the property of the company, and not to be removed from…
2Cases cited4 opinions
- United States v. EliasonSupreme Court of the United States · 1842
- Gratiot v. United StatesSupreme Court of the United States · 1846
- Thorp v. RobbinsSupreme Court of Vermont · 1895
- Hickey v. HuseSupreme Judicial Court of Maine · 1869
3Cited by12 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- State v. PeetSupreme Court of Vermont · 1908
- Newell Brothers v. HansonSupreme Court of Vermont · 1924
- Commercial Union Insurance Co. Ltd. v. ConnollySupreme Court of Minnesota · 1931
- Taft v. TaftSupreme Court of Vermont · 1909
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