Page v. Edwards

Decided October 15, 1891

Supreme Court of Vermont · decided 1891-10-15

Trover for the conversion of a waterwheel and certain machinery. Heard upon the report of a referee at the April term, 1891, Lamoille county, Start, J., presiding. Judgment for the plaintiff. The defendant excepts. In 1879 one Lamplough gave the clefendent a mortgage of' a saw-mill. In 1886 the defendant foreclosed this mortgage and obtained a decree which became absolute December 11, 1887.. The plaintiff and his deceased partner were made parties defendant to that suit.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-10-15

How this case has been cited

Cited by 7 later decisions — most recently December 1950

7 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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TAFT, J.,

¶1with whom concurred

MUNSON, J., dissenting.

¶2Whether the sale was conditional, was the decisive point in the case. The testimony of the plaintiff that his firm took special pains to keep the title of property furnished Lamplough in themselves could have had no reference to the property in question, for he did not testify in relation to it, nor to any agreement concerning it. Neither the fact that Lamplough was poor, nor the course of business of the plaintiff’s firm to reserve a lien upon property furnished him, had a tendency to estabish a lien upon this property. There was no testimony before the referee tending to show the sale a conditional one, and the finding was unwarranted. I therefore advise a judgment for the defendant.