Fitzgerald Bros. Brewing Co. v. Kelley's Estate
Supreme Court of Vermont
Appeal from the allowance by the commissioners on the estate of James A. Kelley of a claim presented by Fitzgerald Brothers Brewing Co. Declaration, contract on the common counts. Plea, the general issue. Trial by jury at the September Term, 1916, Rutland County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case.
1Opinion of the CourtTaylor, J.
The plaintiff is a New York corporation engaged in manufacturing and bottling ales, porter, and lager beer at Troy, New York. During the years 1913, 1914, and 1915, it had a license to conduct a wholesale liquor business in this State. It claims to recover from the estate of James A. Kelley on an original promise by him in his lifetime to pay for certain intoxicating liquors sold and delivered to one Thomas Smith, who had a license of the seventh class to do business in the city of Rutland in 1914 and 1915. The claim specified is an unpaid balance due for liquors purchased by Smith between…
2Cases cited2 opinions
- Pocket v. AlmonSupreme Court of Vermont · 1916
- Garrett-Williams Co. v. WatkinsSupreme Court of Vermont · 1911
3Cited by1 opinion
- Potter v. CrawfordSupreme Court of Vermont · 1934