Hunt v. Douglass
Supreme Court of Vermont
Trespass for taking a horse. Plea, the general issue, and trial by the court, March Terra, 1848, — Bennett, J., presiding.
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Trespass for taking a horse. Plea, the general issue, and trial by the court, March Terra, 1848, — Bennett, J., presiding. On trial it'appeared, that previous to the ninth day of February, 1847, the plaintiff was the owner of a certain horse, which he delivered to his brother, John K. Hunt, as his bailee, to be by him used and sold, or exchanged, and that in the course of that month John K. Hunt exchanged that horse with one Lee for another horse, representing to Lee, at the same time, that the horse belonged to his brother, and Lee agreed to pay to the plaintiff $15,00, as the difference…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This was a case tried by the county court, without the intervention of a jury; and the only question for this court is, whether the facts stated in the bill of exceptions show, that, as matter of law, the judgment should have been for the plaintiff, instead of the defendant.
The defendant, as an officer, bad attached and sold the horse in question, as the property of one Michael Lee, at the suit of one of his creditors. The facts found by the bill of exceptions are, that the plaintiff was the owner of a certain horse, which he put into the…
2Cited by1 opinion
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