85 Vt. 188 | Vt. | 1911
This is trover for two thousand and more ;-soda bottles. The case was referred. Judgment for the plaintiffs on the report, to which the defendant excepted. The facts .are these, shortly stated: The plaintiffs are bottlers of soda
It is sufficiently accurate and comprehensive for present-purposes to say, as is said in the Vermont Digest, c. 2768, pi. 12, that in the sense of the law of trover, a conversion consists, either in the appropriation of the property to the party’s own use and beneficial enjoyment, or in its destruction, or in exercising dominion over it in exclusion or defiance of the owner’s-, right, or in withholding possession from the owner under a claim, of title inconsistent with his title. Here the defendant did none-of these things.
Judgment reversed, and judgment for the defendant to recover Ms cost.