24 Vermont opinions name it 2 courts 1877–2026 6 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
P.F. Jurgs & Co. v. O'Briengreen2 sentences2006“To establish a claim for conversion, the owner of property must show only that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.” O’Brien, 160 Vt. at 299 , 629 A.2d at 828 ; Hegarty v. Addison County Humane Soc’y, 2004 VT 33, ¶ 9 , 176 Vt. 405 , 848 A.2d 1139 (accord). 2006“To establish a claim for conversion, the owner of property must show only that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.” O’Brien, 160 Vt. at 299 , 629 A.2d at 828 ; Hegarty v. Addison County Humane Soc’y, 2004 VT 33, ¶ 9 , 176 Vt. 405 , 848 A.2d 1139 (accord). | 6 | 8 |
Economou v. Carpentergreen2 sentences2004A conversion is either the unlawful “appropriation of the property to the party’s own use and beneficial enjoyment, ... or in exercising dominion over it in exclusion and defiance of the owner’s right, or in withholding possession from the owner under a claim of title inconsistent with his title.” Economou v. Carpenter, 124 Vt. 451, 453-54 , 207 A.2d 241, 243 (1965) (internal citations omitted). 2004A conversion is either the unlawful “appropriation of the property to the party’s own use and beneficial enjoyment, ... or in exercising dominion over it in exclusion and defiance of the owner’s right, or in withholding possession from the owner under a claim of title inconsistent with his title.” Economou v. Carpenter, 124 Vt. 451, 453-54 , 207 A.2d 241, 243 (1965) (internal citations omitted). | 4 | 4 |
Montgomery v. Devoidgreen2 sentences2026See Restatement (Second) of Torts § 218 (no liability for trespass to chattels unless trespasser dispossess claimant, impairs the value of the chattel, deprives claimant of use for a substantial period of time, or causes actual harm); Montgomery v. Devoid, 2006 VT 127, ¶ 12 , 181 Vt. 154 (conversion claimant must show “that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.”). 2026See Restatement (Second) of Torts § 218 (no liability for trespass to chattels unless trespasser dispossess claimant, impairs the value of the chattel, deprives claimant of use for a substantial period of time, or causes actual harm); Montgomery v. Devoid, 2006 VT 127, ¶ 12 , 181 Vt. 154 (conversion claimant must show “that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.”). | 1 | 5 |
Hamilton v. Graygreen2 sentences2020Champerty, which can be characterized as a subset of maintenance, is “an agreement between the owner of a claim and a volunteer that the latter may take the claim and collect it, dividing the proceeds with the owner, if they prevail––the champertor to carry on the suit at his own expense.” D'Amato v. Donatoni, 105 Vt. 496, 507 (1933) (citing Hamilton v. Gray, 67 Vt. 233, 235 (1895)). 1933Hamilton v. Gray, 67 Vt. 233, 235 , 31 Atl. 315 , 48 A. S. R. 811. | 1 | 2 |
D'Amato v. Donatonigreen1 sentence2020Champerty, which can be characterized as a subset of maintenance, is “an agreement between the owner of a claim and a volunteer that the latter may take the claim and collect it, dividing the proceeds with the owner, if they prevail––the champertor to carry on the suit at his own expense.” D'Amato v. Donatoni, 105 Vt. 496, 507 (1933) (citing Hamilton v. Gray, 67 Vt. 233, 235 (1895)). | 1 | 1 |
In Re Kelton Motors, Inc. Gleb Glinka, Trustee of the Estate of Kelton Motors, Inc. v. Bank of Vermontgreen1 sentence2002See Twin Valley Motors, Inc. v. Morale, 136 Vt. 115, 118 , 385 A.2d 678, 680 (1978) (noting that included in the “essential ingredients” of a valid assignment of a right are a complete authorization amounting to a transfer of the obligation and an intentional establishment of an irrevocable right in the assignee); In re Kelton Motors, Inc., 97 F.3d 22, 28 (2d Cir. 1996) (noting in case determining whether debtor in bankruptcy proceeding possessed any legal or equitable interest in property under Vermont state law, that, although an effective assignment requires no particular words of art, agre | 1 | 1 |
Twin Valley Motors, Inc. v. Moralegreen2 sentences2002See Twin Valley Motors, Inc. v. Morale, 136 Vt. 115, 118 , 385 A.2d 678, 680 (1978) (noting that included in the “essential ingredients” of a valid assignment of a right are a complete authorization amounting to a transfer of the obligation and an intentional establishment of an irrevocable right in the assignee); In re Kelton Motors, Inc., 97 F.3d 22, 28 (2d Cir. 1996) (noting in case determining whether debtor in bankruptcy proceeding possessed any legal or equitable interest in property under Vermont state law, that, although an effective assignment requires no particular words of art, agre 2002See Twin Valley Motors, Inc. v. Morale, 136 Vt. 115, 118 , 385 A.2d 678, 680 (1978) (noting that included in the “essential ingredients” of a valid assignment of a right are a complete authorization amounting to a transfer of the obligation and an intentional establishment of an irrevocable right in the assignee); In re Kelton Motors, Inc., 97 F.3d 22, 28 (2d Cir. 1996) (noting in case determining whether debtor in bankruptcy proceeding possessed any legal or equitable interest in property under Vermont state law, that, although an effective assignment requires no particular words of art, agre | 1 | 1 |
Williams v. Chittenden Trust Co.green2 sentences2002See Williams v. Chittenden Trust Co., 145 Vt. 76, 83-84 , 484 A.2d 911, 915 (1984). 2002See Williams v. Chittenden Trust Co., 145 Vt. 76, 83-84 , 484 A.2d 911, 915 (1984). | 1 | 1 |
Herzog v. Iracegreen1 sentence2002See Twin Valley Motors, Inc. v. Morale, 136 Vt. 115, 118 , 385 A.2d 678, 680 (1978) (noting that included in the “essential ingredients” of a valid assignment of a right are a complete authorization amounting to a transfer of the obligation and an intentional establishment of an irrevocable right in the assignee); In re Kelton Motors, Inc., 97 F.3d 22, 28 (2d Cir. 1996) (noting in case determining whether debtor in bankruptcy proceeding possessed any legal or equitable interest in property under Vermont state law, that, although an effective assignment requires no particular words of art, agre | 1 | 1 |
C. H. Eddy & Co. v. Fieldgreen2 sentences1997Eddy & Co. v. Field, 85 Vt. 188, 189 , 81 A. 249, 250 (1911)). 1997Eddy & Co. v. Field, 85 Vt. 188, 189 , 81 A. 249, 250 (1911)). | 1 | 1 |
Willey v. Huntergreen1 sentence1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hegarty v. Addison County Humane Society
green
2 sentences2006“To establish a claim for conversion, the owner of property must show only that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.” O’Brien, 160 Vt. at 299 , 629 A.2d at 828 ; Hegarty v. Addison County Humane Soc’y, 2004 VT 33, ¶ 9 , 176 Vt. 405 , 848 A.2d 1139 (accord). 2006“To establish a claim for conversion, the owner of property must show only that another has appropriated the property to that party’s own use and beneficial enjoyment, has exercised dominion over it in exclusion and defiance of the owner’s right, or has withheld possession from the owner under a claim of title inconsistent with the owner’s title.” O’Brien, 160 Vt. at 299 , 629 A.2d at 828 ; Hegarty v. Addison County Humane Soc’y, 2004 VT 33, ¶ 9 , 176 Vt. 405 , 848 A.2d 1139 (accord). | 2 | 2006–2006 |
Jones v. Flowers
green
1 sentence2014Id. at 232-33 . | 1 | 2014–2014 |
Austin v. United States
green
1 sentence1998Part of this analysis relies on Austin’s holding that “we have recognized that the forfeiture of contraband itself may be characterized as remedial because it removes dangerous or illegal items from society.” Id. at 621 . | 1 | 1998–1998 |
Morgan v. Kroupa
green
1 sentence1997Despite the Court's professions to the contrary, I cannot agree that plaintiff made a "reasonable effort" or "diligently attempted" to locate the dog's owner. ___ Vt. at ___, 702 A.2d at 633 . | 1 | 1997–1997 |
Montgomery v. Branon
green
2 sentences1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will 1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will | 1 | 1977–1977 |
Laird Properties New England Land Syndicate v. Mad River Corp.
green
2 sentences1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will 1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will | 1 | 1977–1977 |
Hilliker v. Husband
green
2 sentences1977In Hilliker v. Husband, 132 Vt. 566, 568 , 326 A.2d 177 (1974), speaking to the elements of open, notorious, and hostile use, we stated that: It is not necessary for a prescriptive claimant to voice his claim if his use is such as to indicate that a prescriptive claim is being asserted. ... 1977In Hilliker v. Husband, 132 Vt. 566, 568 , 326 A.2d 177 (1974), speaking to the elements of open, notorious, and hostile use, we stated that: It is not necessary for a prescriptive claimant to voice his claim if his use is such as to indicate that a prescriptive claim is being asserted. ... | 1 | 1977–1977 |
Deyrup v. Schmitt
green
2 sentences1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will 1977While it is necessary for an adverse claimant to “unfurl his flag on the land” in order to apprise the owner of the claim upon the land, Deyrup v. Schmitt, 132 Vt. 423, 424 , 321 A.2d 42 (1974); Laird Properties v. Mad River Corp., *325 131 Vt. 268, 277 , 305 A.2d 562 (1973); Montgomery v. Branon, 129 Vt. 379, 387 , 278 A.2d 744 (1971), it is not necessary that the claimant verbally state to the owner that he has “planted his standard of conquest.” Quite to the contrary, his “use, or acts, may declare that they are done under a claim of right, as effectively as the words of the claimant.” Will | 1 | 1977–1977 |
Kimball v. Hayes
neutral
2 sentences1962Kimball v. Hayes, 199 Mass. 516 , 85 N.E. 875, 876 ; Brinson v. Davies, 105 L.T.N.S. 1962Kimball v. Hayes, 199 Mass. 516 , 85 N.E. 875, 876 ; Brinson v. Davies, 105 L.T.N.S. | 1 | 1962–1962 |
Milligan & Son v. Ala. Fertilizer Co.
neutral
1 sentence1899In that connection it is held in one case, Milhgan v. Fertilizer Co., 89 Ala. 322 , that when a claim is placed in the hands'of a commercial agency for collection, the attorney is the agent of the collecting company and not of the owner of the claim. | 1 | 1899–1899 |
Porter v. Peckham
green
1 sentence1899The case cited, Porter v. Peckham, 44 Cal. 204 , holds that when a party who has an undivided interest in a tract of land, which is the subject of a partition suit, employs an attorney to act for him in relation to his interests therein, and at the same time, employs the attorney to act for such other, the co-tenant, in relation to his interest, the relation of attorney and client does not exist between the co-tenant and the attorney as to the interest of the co-tenant, and this must necessarily be upon the ground that there was no authority in the party to employ an attorney for his co-owner. | 1 | 1899–1899 |
Allen v. Ogden
neutral
1 sentence1877Porter v. Gile, 44 Vt. 520 ; Allen v. Ogden, 12 Vt. 9 . | 1 | 1877–1877 |
Porter v. Gile
neutral
1 sentence1877Porter v. Gile, 44 Vt. 520 ; Allen v. Ogden, 12 Vt. 9 . | 1 | 1877–1877 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.