Durkee v. Mahoney
Supreme Court of Vermont
IN ERROR. Bartlett Mahoney brought his action of tresspass before a justice of the peace, against Rodney Durkee, for taking and driving away twenty-four swine, alleging them to be his property, and of the value of one hundred dollars; which action was appealed to Chittenden county court, and there tried, upon the general issue, at their February term, 1825. A verdict was returned for the said Mahoney, whereupon, before judgment, the defendant below/iled the following bill of…
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IN ERROR. Bartlett Mahoney brought his action of tresspass before a justice of the peace, against Rodney Durkee, for taking and driving away twenty-four swine, alleging them to be his property, and of the value of one hundred dollars; which action was appealed to Chittenden county court, and there tried, upon the general issue, at their February term, 1825. A verdict was returned for the said Mahoney, whereupon, before judgment, the defendant below/iled the following bill of EXCEPTIONS. On the trial, the plaintiff proved the talcing of the swine, as alleged in the declaration, and gave in…
1Opinion of the Court
The opinion of the Court was delivered by
Skinner, Ch. J.
From the record we learn, that Pierson was the former owner of the swine, for the taking and conversión of which this action was brought. Mahoney, (the plaintiff below), relied on showing in evidence, a purchase by himself, of Pierson — Durkee, (the defendant below), contended, that the plaintiff ,had failed in proving that adequate consideration, required by law, to make the sale valid, against the creditors of ■Pierson; and also, that if the sale had been otherwise valid, there was not that evidence of a transfer of the possession,…
2Cited by2 opinions
- Jones v. WilliamsSupreme Court of Vermont · 1920
- Wilbur v. NicholsSupreme Court of Vermont · 1889