Brooks v. Fletcher

Supreme Court of Vermont
Brooks v. Fletcher, 56 Vt. 624 (Vt. 1884)
Taft

Brooks v. Fletcher

Opinion of the Court

The opinion of the court was delivered by

Taft, J.

The question in this case is, whether upon the fact's reported there was a sale of the goods by the plaintiffs to the defendants. By an arrangement of the parties, all orders for goods sent by plaintiffs to Haskell & Son,, were to be approved by the defendants, -before the latter became liable to pay for them. The order for the goods sought to be recovered for in this case, was not approved by them; but the goods were charged by the *627plaintiffs to the defendants, and after they were attached, the defendants claimed them, and gave the officer a receipt for them, claiming, to own them, and subsequently received pay for them. We see no reason why they should not -be held liable. Before the attachment the goods had never been in the possession of Haskell & Son, so the question of whether a change of possession was necessary to protect them from attachment as the property of Haskell & Son does not arise.

Judgment affirmed.

Reference

Full Case Name
HENRY BROOKS & CO. v. H. E. FLETCHER & CO.
Status
Published