Legal Opinion

Amsden v. Atwood

Supreme Court of Vermont

Decided May 15, 1897PublishedCited by 4 opinions

General Assumpsit. Plea, the general issue and declaration in offset. Trial by jury at the May Term, 1896, Windsor County, Tyler, J., presiding. Verdict for the plaintiff for the amount claimed under the specifications and three special verdicts touching the amount of the defendant’s damages in offset.

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General Assumpsit. Plea, the general issue and declaration in offset. Trial by jury at the May Term, 1896, Windsor County, Tyler, J., presiding. Verdict for the plaintiff for the amount claimed under the specifications and three special verdicts touching the amount of the defendant’s damages in offset. The plaintiff’s notice to the defendant dated December 26, 1892, closed as follows: “And I further notify you that I am ready to saw your logs for chair stock commencing this morning.” The jury were instructed to find and state the amount of damages sustained by the defendant in the loss of the…

1Opinion of the CourtThompson, J.

After the expiration of the indenture, reported in Amsden v. Atwood, 67 Vt. 292, the plaintiff, without objection, allowed the defendant to hold over from the date of expiration, to wit, November 1, 1891, to November 1, 1892, and from thence to December 26, of that year, when he gave him written notice that he regarded him as a tenant by sufferance; that the rent would be increased to $600 after January 1, 1893; that the charge for sawing logs would be increased, and that as a condition of defendant’s continuing as his tenant he should not employ men who were personally offensive to the…

2Cases cited5 opinions

  1. Eten v. . LuysterNew York Court of Appeals · 1875
  2. Chapman v. KirbyIllinois Supreme Court · 1868
  3. Rea v. HarringtonSupreme Court of Vermont · 1885
  4. Vaughan v. PorterSupreme Court of Vermont · 1844
  5. Amsden v. AtwoodSupreme Court of Vermont · 1894

3Cited by4 opinions

  1. Mathews v. LivingstonSupreme Court of Connecticut · 1912
  2. Sartwell v. SowlesSupreme Court of Vermont · 1900
  3. Clifford v. Smith Meat Co.Oregon Supreme Court · 1917
  4. Jefferson v. BrownSupreme Court of Rhode Island · 1924

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