Legal Opinion

Fairbanks, Brown & Co. v. Davis

Supreme Court of Vermont

Decided October 15, 1877PublishedCited by 4 opinions

Trover for two sets of platform scales, brought to the City Court of Burlington. Trial by the court, Tyler, J. It appeared that the plaintiffs sold and delivered the scales in question to M. D. Fuller on October 17, 1874, for $290, on condition that they should remain the property of the plaintiffs until paid for, and that the contract was duly reduced to writing, and the writing signed by Fuller.

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Trover for two sets of platform scales, brought to the City Court of Burlington. Trial by the court, Tyler, J. It appeared that the plaintiffs sold and delivered the scales in question to M. D. Fuller on October 17, 1874, for $290, on condition that they should remain the property of the plaintiffs until paid for, and that the contract was duly reduced to writing, and the writing signed by Fuller. The court also found that on November 16, 1874, which was the last of the thirty days limited by statute for the recording of such writings, the plaintiffs’ agent, Joseph Howes, took said writing to…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

The property in controversy in this suit was sold conditionally by the plaintiffs to one Puller, the title to re*255main in the plaintiffs until the property was paid for. The contract was reduced to writing and signed as required by the statute to give it effect against subsequent purchasers and attaching creditors, and was left in the city clerk’s office for record, and subsequently recorded.

After the aforesaid sale, and after the written contract was left with the city clerk, said property was attached by Meeker & Dean on a writ against…

2Cited by4 opinions

  1. Blair v. Ritchie & WardenSupreme Court of Vermont · 1900
  2. Chandler v. ScottIndiana Supreme Court · 1891
  3. In re NeilDistrict Court, W.D. Washington · 1930
  4. Sutherland v. PurdyCourt of Appeals for the Ninth Circuit · 1916

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