Boothe v. Fitzpatrick
36 Vt. 681 (1864)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
A bull escaped, and it wandered onto P's property. P made inquiries in order to ascertain who the owner was, but he did not comply with all the statutory requirements. P advertised said bull as an estray by posting up three notices in the town of Pittsford, where the bull was taken up; but no notice was published in a newspaper, although three were published in the county, nor was any copy left at the town clerk's office. P eventually learned who the owner was, D, and he contacted D. D stated that he would pay for the keeping of the bull, but he did not take the bull. The bull stayed with the P until D came and retrieved it. D made another promise to pay and a note for the amount due, but P did not accept the note. P told D to leave that amount with another for P’s benefit; D assented. D never did pay. P sued to recover the monies for keeping the bull. D asserted that the consideration for the promise to pay was insufficient because it was past consideration. The trial court ruled for P and D appealed.
Issues
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Holding & Decision
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