Watson v. Goodno
Supreme Court of Vermont
Trover for the conversion of a horse. Heard upon the report of a referee at the September term, Washington county, 1892, Rowell, J., presiding. The court gave judgment for the plaintiff and further adjudged, upon the facts reported by the referee, that the cause of action arose from the wilful and malicious act of the defendant, and that a certified execution should issue. To the action of the court in both these particulars the defendant excepted.
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Trover for the conversion of a horse. Heard upon the report of a referee at the September term, Washington county, 1892, Rowell, J., presiding. The court gave judgment for the plaintiff and further adjudged, upon the facts reported by the referee, that the cause of action arose from the wilful and malicious act of the defendant, and that a certified execution should issue. To the action of the court in both these particulars the defendant excepted. The referee reported that the plaintiff had sold the defendant the horse upon the agreement that he was to have a lien for the purchase price, and…
1Opinion of the CourtThompson, J.
I. The referee found that plaintiff bought the horse of Smith for the defendant, paying towards it one hundred and thirty-eight dollars, and that it was agreed between the plaintiff and defendant at the time of the purchase that the horse should remain the plaintiff’s until he was paid the one hundred and thirty-eight dollars. While there was a talk subsequently between the parties about releasing this lien upon the horse and taking other security, such an arrangement was never consummated. Although the lien was not evidenced by writing, yet as between the plaintiff and defendant it was…
2Cases cited2 opinions
- Melendy v. Clark P.Supreme Court of Vermont · 1881
- Hill v. CoxSupreme Court of Vermont · 1882
3Cited by4 opinions
- Singer Manufacturing Co. v. NashSupreme Court of Vermont · 1898
- Bombardier v. GoodrichSupreme Court of Vermont · 1920
- In re PetersonSupreme Court of Vermont · 1905
- Severance v. GageSupreme Court of Vermont · 1923