Legal Opinion

Kent v. Bowker

Supreme Court of Vermont

Decided August 15, 1865PublishedCited by 1 opinion

General Assumpsit to recover for cattle sold and delivered. Plea, the general issue, and trial by jury, March Term, 1864, Peck; J., presiding. The facts are sufficiently set forth in the opinion. Verdict, for the plaintiffs, — exceptions by the defendant.

1Opinion of the Court

The opinion of the court was delivered by

Poland, Ch. J.

Several questions made by the defendant on the. trial of this case in the county court, and insisted on as objections to the plaintiffs’ right of recovery, are not now made.

On the argument the defendant rests his case wholly upon this ground, that the facts proved by the plaintiffs, qualified by what the defendant’s evidence proved, or tended to prove, will not sustain an action of general assumpsit for cattle sold and delivered. The plaintiffs filed a special count setting forth the contract between the plaintiffs and the defendant, out…

2Cases cited5 opinions

  1. Way v. WakefieldSupreme Court of Vermont · 1835
  2. Porter & Ballard v. MungerSupreme Court of Vermont · 1850
  3. Eddy v. StaffordSupreme Court of Vermont · 1846
  4. Stearns v. HavenSupreme Court of Vermont · 1844
  5. Waterman v. StimpsonSupreme Court of Vermont · 1852

3Cited by1 opinion

  1. Smith v. CoolidgeSupreme Court of Vermont · 1896

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