Hale v. Huntley
Supreme Court of Vermont
Trespass, for taking “ three pits of charcoal, partly burned and unfinished.” The suit was referred, by consent of parties, and the referee reported the facts substantially as follows. The charcoal was taken by the defendants by virtue of legal process in favor of J. B. Huntley & Co. against the plaintiff, — the defendant Huntley being one of the plaintiffs in that suit, and the other defendant being the attaching officer who served the process.
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Trespass, for taking “ three pits of charcoal, partly burned and unfinished.” The suit was referred, by consent of parties, and the referee reported the facts substantially as follows. The charcoal was taken by the defendants by virtue of legal process in favor of J. B. Huntley & Co. against the plaintiff, — the defendant Huntley being one of the plaintiffs in that suit, and the other defendant being the attaching officer who served the process. The charcoal in all the pits had been burned down, when attached, and that in one of them had been drawn out from the pit, and about one third of…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
1. The first question presented by this case is in relation to the plaintiff’s interest in the coal at the time of the tak* *150ing by the defendants. It appears, that, at the time of the execution of the writing, annexed to the report of the referee, by the plaintiff to Chapman &. Son, the coal was not entirely burned, but the burning was to be completed by the plaintiff; and, as he was to be paid for the same by the bushel, which would, of course, require the poal to be measured, and this could not be done until after the burning of the coal…
2Cases cited2 opinions
- Abbott v. KimballSupreme Court of Vermont · 1847
- Wilds v. BlanchardSupreme Court of Vermont · 1835
3Cited by9 opinions
- Meeker v. JohnsonWashington Supreme Court · 1891
- Gibbs v. BenjaminSupreme Court of Vermont · 1872
- Buck v. AshleySupreme Court of Vermont · 1865
- Holmes v. BaileyNebraska Supreme Court · 1884
- Rider v. RobertsSupreme Court of Vermont · 1859
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