Legal Opinion

Wiley v. First National Bank

Supreme Court of Vermont

Decided February 15, 1875PublishedCited by 16 opinions

Case in three counts, with a count in trover, for certain United States bonds. Plea, the general issue, and trial by jury, April term, 1874, Barrett, J., presiding.

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Case in three counts, with a count in trover, for certain United States bonds. Plea, the general issue, and trial by jury, April term, 1874, Barrett, J., presiding. The plaintiff’s evidence tended to show, that in January, 1869, at the defendant’s banking house in Brattleboro, he delivered to S. M. Waite, who then was and ever since has been the cashier of said bank, $2,400 worth of United States 5-20 bonds ; and the plaintiff offered in evidence, and it was admitted under the defendant’s objection, a written receipt in the words and figures following, to wit: “ THE FIRST NATIONAL BANK OF…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

Although the plaintiff has in this action declared as for a tort, still, so far as the tort rests upon contract, the same rules are to govern that would if the contract itself had been declared upon ; as was said concerning actions of tort founded on the contracts of infants, in Towne et al. v. Wiley, 23 Vt. 355, and was held respecting the tort of a married woman resting on her contract, in Woodward & Perkins v. Barnes and wife, 46 Vt. 332. The assumption of the obligation that the law imposes upon a depositary to keep the deposit, is, of…

2Cases cited2 opinions

  1. Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
  2. Woodward & Perkins v. BarnesSupreme Court of Vermont · 1873

3Cited by16 opinions

  1. National Bank v. GrahamSupreme Court of the United States · 1880
  2. Pattison v. . Syracuse National BankNew York Court of Appeals · 1880
  3. Farmers' & Merchants' Nat. Bank v. SmithCourt of Appeals for the Eighth Circuit · 1896
  4. Third National Bank v. BoydCourt of Appeals of Maryland · 1876
  5. Knickerbocker v. WilcoxMichigan Supreme Court · 1890

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