Bugbee v. Stevens & Bagley
Supreme Court of Vermont
This case was heard on the report of a referee at the December Term, 1880, Taft, J., presiding. Judgment for the plaintiff. It was an action of trover for a wagon.
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This case was heard on the report of a referee at the December Term, 1880, Taft, J., presiding. Judgment for the plaintiff. It was an action of trover for a wagon. The plaintiff based his claim on the following writing: “ Hartford, May 20th, 1876. “ I have this day bought of J. Bughee one open buggy wagon (new) for which I am to pay him one hundred and twenty-two dollars — one half in November next, and the balance (with interest annually on the whole sum from this date) in one year from this date, and the said Bugbee is to hold a lien on said buggy as security for said payments. And I also…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The writing of May 20, 1876, executed by Kimpton to the plaintiff, we think, discloses the fact that the sale of the wagon was conditional, and that a lien was reserved thereon until the price of the purchase should be paid. We also think, that the facts reported do not show that the defendants took the wagon charged with actual notice that a lien was reserved thereon to the *391plaintiff; nor that they took it under such circumstances that they were put upon inquiry in regard to such lien, or as prudent men, were bound to inquire further than they…
2Cited by3 opinions
- Fifth Third Union Trust Co. v. KennedyCourt of Appeals for the Second Circuit · 1950
- Chilberg v. SmithCourt of Appeals for the Ninth Circuit · 1909
- Nemie v. ToddSupreme Court of Vermont · 1915