Davis v. Buchanan
Supreme Court of Vermont
Trover for the conversion of a horse. A count in trespass was joined. Plea, the general issue with notice of justification under process. 'Trial by court, Washington County, March Term, 1900, Tyler, J., presiding. On facts found, judgment was rendered for the defendant. The plaintiff excepted.
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Trover for the conversion of a horse. A count in trespass was joined. Plea, the general issue with notice of justification under process. 'Trial by court, Washington County, March Term, 1900, Tyler, J., presiding. On facts found, judgment was rendered for the defendant. The plaintiff excepted. The action was brought by the plaintiff, who claimed the interest of a mortgagee in a horse in question, against the defendant who had sold the horse on an execution against the mortgagor. The defendant had taken the horse in execution and sold the same as if there were no mortgage upon it, and had…
1Opinion of the CourtStart, J.
In the court below, the principal issue of fact was whether a mortgage given by Appleton S. Perkins to the plaintiff was a valid incumbrance on the horse in question at the time it was taken and sold by the defendant upon an execution as the property of Perkins. Upon this issue and the question of damages, the plaintiff introduced in evidence the deposition of Perkins, the mortgagor, and called one Martin and offered to show by him, that, after the horse was sold by the defendant, Perkins admitted to him that a part of the notes *69had been paid, but two were still unpaid. This testimony was…
2Cases cited3 opinions
- State v. SlackSupreme Court of Vermont · 1897
- Hayward Rubber Co. v. DunckleeSupreme Court of Vermont · 1856
- Huse v. PrestonSupreme Court of Vermont · 1878
3Cited by1 opinion
- Asbury Park & Ocean Grove Bank v. DamUnited States District Court · 1938