Leach v. Francis
Supreme Court of Vermont
Both actions were actions of trespass for an assault and battery, and were originally commenced before a justice of the peace and came to tbe county court on the appeal of the defendants in each case. At the September term, 1865, both cases were referred to the determination of a referee.
Read the full summary
Both actions were actions of trespass for an assault and battery, and were originally commenced before a justice of the peace and came to tbe county court on the appeal of the defendants in each case. At the September term, 1865, both cases were referred to the determination of a referee. At the March term, 1866, the referee returned and filed his report, and in the case of Francis v. Leach and Clemons, the plaintiff filed exceptions to the report, and in the case of Leach v. Francis and Wood, the defendants filed exceptions. On the hearing upon the report and exceptions at the March term,…
1Opinion of the Court
The opinion of the court was delivered by
PiERPOiNT, C. J.
The questions involved arise upon the report of a referee.
The first question that naturally arises is, whether the mare, that was the subject of the controversy between the parties, became the property of Wood as the result of the sale to him by Francis, as against the creditors of Francis. The referee finds that Francis made the sale to keep the mare from being attached; but he also-finds that Wood purchased the mare without any knowledge of the object of Francis, and in good faith. The law is perfectly well settled in this state, that…
2Cases cited1 opinion
- Burton v. WilkinsonSupreme Court of Vermont · 1846
3Cited by11 opinions
- Wilson v. SpearSupreme Court of Vermont · 1894
- E. Corey & Co. v. MorrillSupreme Court of Vermont · 1898
- Ludlow Savings Bank & Trust Co. v. KnightSupreme Court of Vermont · 1917
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Drew v. CorlissSupreme Court of Vermont · 1893
6 more not listed; retrieve them via the Exa API.