50 Vt. 35 | Vt. | 1877
The opinion of the court was delivered by
The only question in this case is, whether the plaintiffs had a lien upon the mill described in their declaration, at the time it was taken by the defendant, which was good as against an attaching creditor. The sale of the mill by the plaintiffs was conditional, and under the Act of 1870, no such sale was valid as against subsequent attaching creditors, unless the vendor of the property should take a written memorandum, signed by the
Was the record of the memorandum made within thirty days after the delivery of the property ? The case finds that the negotiations between the parties for the sale of the mill commenced prior to the 9th of September, 1871, and that the plaintiffs made proposals of a conditional sale of the mill to Fisk at an agreed price, the mill to remain the property of the plaintiffs until the pi'ice was paid, Fisk to take the mill on trial for thirty or sixty days, and then to make his election whether to keep it or not. That in pursuance of that arrangement the mill was carried to Northfield on the 9th of September, 1871, in the plaintiffs’ name, and on the 11th day of September, 1871, the said Fisk took the mill from the depot with the consent of the plaintiffs, and put it into his mill, and operated it until the 21st of December, 1871, at which time the notes for its price and the memorandum were
Judgment affirmed.