Hoyt v. Chapin

Decided January 15, 1834

Supreme Court of Vermont · decided 1834-01-15

This was an action for taking and conveying away a stove. Plea, 1st, general issue — 2d, licence to Chapin and the other defendants, who were his servants, and traverse. On the trial, the defendant proved that the plaintiff procured Chapin to sign with and for the plaintiff a note, and to induce him so to do, turned out to him, among other property, this stove. Chapin did not then take away the stove, but it was then agreed Chapin was to take the same when he pleased.

Decided 1834-01-15

¶1The opinion of the court was pronounced by

Collamek, J.

¶2— This property was turned out to Chapin and the licence granted to take it away, on a valuable consideration. • It lay not in grant but in livery. It was not void. Without now deciding howmuch the plaintiff must have done in order to revoke or avoid this contract, or any part thereof, or what effect it would have had on Chapin or the note, we are clear in the opinion that it must have been avoided by some clear and substantive act before the taking complained of, and such revocation been specially replied in order to have been admitted.

¶3Judgment affirmed.