Sawyer v. Joslin
Supreme Court of Vermont
Trover for sundry articles of merchandize, which the plaintiff claimed by virtue of a right to stop them in transitu. Plea, the general issue, and trial by the court, December Term, 1845,' — Bennett, J., presiding. This case was heard in the supreme court at the same time with another, in favor of Patrick Fitzsimmons against the same defendant.
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Trover for sundry articles of merchandize, which the plaintiff claimed by virtue of a right to stop them in transitu. Plea, the general issue, and trial by the court, December Term, 1845,' — Bennett, J., presiding. This case was heard in the supreme court at the same time with another, in favor of Patrick Fitzsimmons against the same defendant. That case had been tried by jury and a verdict returned for the defendant; and the bill of exceptions in this case referred to and adopted the facts stated and the law charged in the other, so far as regarded the plaintiff’s right to stop the goods, as…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
By the common law, as it is now understood in England and in the several states, the unpaid vendor of goods, in case of the insolvency of the vendee, may reclaim them, while on their passage to the vendee, not only against the vendee himself, but also against his creditors, by stopping them while in their transit. For, although the goods, by being dispatched to the vendee by the usual modes of conveyance, become, for other purposes, the property of the vendee, are considered in his constructive possession and at his risk, so that he and not the…
2Cases cited1 opinion
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
3Cited by7 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- In re Arctic StoresDistrict Court, D. New Jersey · 1919
- In re New York House Furnishing Goods Co.Court of Appeals for the Second Circuit · 1909
- Hoover v. TibbitsWisconsin Supreme Court · 1860
- Norfolk Hardwood Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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