Waters v. Langdon & Wright
Supreme Court of Vermont
Trover for a quantity of tallow and the casks in which it was contained. Plea, the general issue, and trial by jury. On trial the plaintiff introduced testimony tending to show that the defendants had converted about one thousand pounds of tallow, belonging to him,, and that it was of a good merchantable quality ;— and also offered testimony tending to show that at the time and place of conversion the retail price of merchantable tallow was twelve and a half cents per pound…
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Trover for a quantity of tallow and the casks in which it was contained. Plea, the general issue, and trial by jury. On trial the plaintiff introduced testimony tending to show that the defendants had converted about one thousand pounds of tallow, belonging to him,, and that it was of a good merchantable quality ;— and also offered testimony tending to show that at the time and place of conversion the retail price of merchantable tallow was twelve and a half cents per pound ; to this testimony the defendants objected, but the court overruled the objection; to which the defendants excepted.…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The exceptions present no questions of law, but such as have long since been settled. Upon the question of jurisdiction the case of Spafford v. Richardson, 13 Vt. 224, is decisive. It cannot be seriously contended, that the question of jurisdiction is to depend upon the fact, whether the evidence proved a conversion of one thousand pounds of tallow, worth twelve and a half cents a pound, or of only nine hundred and twenty four pounds* of an inferior quality, and worth a less price.
We cannot see what possible objection there could be to…
2Cases cited1 opinion
- Spafford v. RichardsonSupreme Court of Vermont · 1841
3Cited by2 opinions
- Enos v. Owens Slate Co.Supreme Court of Vermont · 1932
- Worcester & Woodruff v. LampsonSupreme Court of Vermont · 1883