Blumenthal v. Brainerd
Supreme Court of Vermont
This was an action of assumpsit in three special counts, two charging the defendants as common carriers and one as warehouse-men, and the general counts. Plea, the general issue, and trial by jury, April Term, 1864, Piekpoint, J., presiding.
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This was an action of assumpsit in three special counts, two charging the defendants as common carriers and one as warehouse-men, and the general counts. Plea, the general issue, and trial by jury, April Term, 1864, Piekpoint, J., presiding. The plaintiffs claimed that one I. Rosenberg, a German pedlar, residing in the town of Franklin, went to New York city in the month of September, 1860, and purchased in the name of the plaintiffs and by their direction a bill of goods, of Ullman, Blumenthal & Co., the amount and cost of which on the 13th day of September, 1860, on a credit of six months,…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The defendants’exceptions in this case present several questions for consideration, some of which are not now insisted on, and these have been treated as laid out of the case.
I. The defendants claim that they were operating the Vermont Central and Vermont and Canada Railroads as receivers under the appointment of the court of chancery, and that, being the agents and officers of that court under this appointment, they were subject to account only in that court, and were entitled to its protection and judgment in all matters growing out of the…
2Cases cited5 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Sprague v. SmithSupreme Court of Vermont · 1857
- Ouimit v. HenshawSupreme Court of Vermont · 1863
- Lapham v. GreenSupreme Court of Vermont · 1837
3Cited by41 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Kain v. . SmithNew York Court of Appeals · 1880
- Johnson v. B. & O. R. R.West Virginia Supreme Court · 1885
- Cardot v. . BarneyNew York Court of Appeals · 1875
- Paige v. SmithMassachusetts Supreme Judicial Court · 1868
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