Noble v. Hammond
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF VERMONT. The court stated the case as follows: This is an action of general assumpsit originally brought in the county court of Franklin County, Yermont, by the late firm of Hammond & Burt, of which the defendant in .error,DeForest Hammond, is the survivor, against the plaintiff in error, Sylvester C. Noble, to recover the sum of $1000 in’ money alleged to have been received by him of and from them.
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ERROR TO THE SUPREME COURT OF THE STATE OF VERMONT. The court stated the case as follows: This is an action of general assumpsit originally brought in the county court of Franklin County, Yermont, by the late firm of Hammond & Burt, of which the defendant in .error,DeForest Hammond, is the survivor, against the plaintiff in error, Sylvester C. Noble, to recover the sum of $1000 in’ money alleged to have been received by him of and from them. The defendant pleaded the general issue, and also gave notice under the statute, as a special, defence, of his discharge by •composition in bankruptcy,…
1Opinion of the CourtJustice Lamar
The case presented upon the. record, as found by the jury; is that of a produce dealer who, having been requested by parties to collect money for them as an acconHriodation, and without compensation, and to keep-it until they called for it, proceeded to make such collection, and, without actual fraud or fraudulent intent, deposited the proceeds to his own credit with his own funds; and who,- before he paid. it over was, by an unexpected revulsion, forced into bankruptcy, and made a composition with his creditors. The question involved is, whether the debt thus incurred was within the…
2Cases cited6 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Strang v. BradnerSupreme Court of the United States · 1885
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Wolf v. StixSupreme Court of the United States · 1879
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3Cited by56 opinions
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- Brown v. BuchananDistrict Court, E.D. Virginia · 1975
- James Benjamin Hamby, Bankrupt v. St. Paul Mercury Indemnity Company, CreditorCourt of Appeals for the Fourth Circuit · 1954
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