Legal Opinion

William Dearing & Co. v. Smith

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 3 opinions

• Replevin. Heard on the report of a referee at the December term, 1892,'Windsor county, Thompson, J., presiding. Judgment on report for the defendant for one dollar damages and costs and return of property. The plaintiff excepts. No demand was necessary. Moses v. Rogers, 62 Vt. 85.

1Opinion of the CourtStart, J.

The mowing machine in question was sold and delivered by the plaintiffs’ agent to Ira Button. Button was to give a lien in writing when the plaintiffs’ agent should call for the purchase money. The agent never called for the lien. Button died and the probate court assigned the machine to Mrs. Button, widow of Ira Button. The defendant worked for Mrs. Button and was using the machine when it was replevied. The plaintiffs’ attorney wrote a letter to the defendant, demanding the machine. The defendant received the letter but made no reply.

*61R. L. s. 1230 provides that when goods of the value of…

2Cases cited1 opinion

  1. Bent v. BentSupreme Court of Vermont · 1872

3Cited by3 opinions

  1. Grow v. WashburnSupreme Court of Vermont · 1921
  2. Seidenbach's v. A. E. Little Co.Supreme Court of Oklahoma · 1927
  3. National Bank v. MillerSupreme Court of Vermont · 1894

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