Legal Opinion

Burton v. Kennedy

Supreme Court of Vermont

Decided January 15, 1891PublishedCited by 1 opinion

Replevin for twenty sewing machines and one hundred dozen shirts. Plea, the general issue. Trial by jury at the April term, 1890, Royce, Oh. J., presiding. The court directed a verdict for the plaintiff for nominal damages and costs. The defendant excepts.

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Replevin for twenty sewing machines and one hundred dozen shirts. Plea, the general issue. Trial by jury at the April term, 1890, Royce, Oh. J., presiding. The court directed a verdict for the plaintiff for nominal damages and costs. The defendant excepts. The plaintiff and Sowles were mutually interested in the operation of a shirt factory in the Tremont House property, in the village of St. Albans, and these sewing machines and shirts had been acquired in the'course of that business. The goods were purchased on their joint account with money raised upon their joint notes. When the notes…

1Opinion of the Court

The opinion of the court was delivered by

TAFT, J.

The plaintiff testified that he and E. A. Sowles owned the property in question, and upon the trial the interest of the parties in the property was treated by the parties and the court as joint or in common. The legal title of the property being in-Burton and Sowles, the property .was seized and taken upon execution as the property of Sowles, by one of his creditors, the defendant acting as sheriff, and advertised for sale. Before the advertised time of sale, this suit was brought and the goods replevied. In taking personal property upon an…

2Cases cited6 opinions

  1. Ladd v. HillSupreme Court of Vermont · 1832
  2. Reed v. ShepardsonSupreme Court of Vermont · 1829
  3. Whitney v. LaddSupreme Court of Vermont · 1838
  4. Bradley v. ArnoldSupreme Court of Vermont · 1844
  5. Luce v. HoisingtonSupreme Court of Vermont · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Remax of Blue Springs v. Vajda & Co., Inc.Missouri Court of Appeals · 1986

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