Powers v. Rutland Railroad
Supreme Court of Vermont
Assumpsit. Pleas, tbe general issue with notice, and two pleas of accord and satisfaction. Trial by jury at the June Term, 1910, Lamoille County, Butler, J., presiding. At the close of the evidence each party moved for a directed verdict. Verdict directed for the plaintiff for the amount of his claim, and judgment thereon. The defendant excepted. The opinion fully states the case.
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Assumpsit. Pleas, tbe general issue with notice, and two pleas of accord and satisfaction. Trial by jury at the June Term, 1910, Lamoille County, Butler, J., presiding. At the close of the evidence each party moved for a directed verdict. Verdict directed for the plaintiff for the amount of his claim, and judgment thereon. The defendant excepted. The opinion fully states the case. This case has been once before in the Supreme Court, see 83 Vt. 415. "When the case came up the second time it was argued at the October Term, 1910, and after the announcement referred to in the opinion, made at the…
1Dissent
Miles, Superior Judge,
dissenting. It is not my intention to write a dissenting opinion in this case, but simply to state briefly some of the grounds upon which I base my dissent, that it may not appear that my failure to concur with the majority-is without some substantial authority.
There is no question of fraud, accord and satisfaction, estoppel or other special defence in the case, or at least as the majority opinion leaves it, except that of a substituted contract for the one made by the president who had the right to malee the contract upon which the plaintiff sues, because the same was…
2Cases cited15 opinions
- Carney v. New York Life InsuranceNew York Court of Appeals · 1900
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896
- Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
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