56 Vt. 569
Decided May 15, 1884
Supreme Court of Vermont · decided 1884-05-15
Trespass and trover. Trial by jury, September Term, 1883, Eedeieíd, J., presiding. Yerdict ordered for the plaintiff. The plaintiff offered to prove that the defendant executed and delivered to him a chattel mortgage of the property named in the declaration to secure a $350 note; and that the defendant had sold the property without the consent of the plaintiff in writingto sell the same.
Good law ✅— No negative treatment on recordhow we know
Decided 1884-05-15
Cited by 4 later decisions — most recently October 1933
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The opinion of the court was delivered by
¶2If the defendant had the consent of the plaintiff to sell the property, there was no wrongful conversion in its sale, and consequently neither trespass nor trover would lie. The rejection of the testimony to show such consent was error.
¶3Judgment reversed and cause remanded for a new trial.