Legal Opinion

Mears v. Daniels

Supreme Court of Vermont

Decided January 4, 1911PublishedCited by 6 opinions

General Assumpsit. Pleas, the general issue, accord and satisfaction, and declaration in off-set. Trial by jury at the March Term, 1910, Washington County, Butler, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted.

Read the full summary

General Assumpsit. Pleas, the general issue, accord and satisfaction, and declaration in off-set. Trial by jury at the March Term, 1910, Washington County, Butler, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. Plaintiff’s evidence tended to show that in the fall of 1906 one Lamberton owed him a store account; that, under a contract with Lamberton, plaintiff purchased logs in his own name and had them delivered to Lamberton at the latter’s saw mill; that Lamberton, at his own expense, agreed to manufacture those logs into lumber, to market the product, and to…

1Opinion of the CourtWatson, J.

The exceptions are considered in their numerical order.

Exception I. At the time of the transactions in question the plaintiff was a resident of the town of Marshfield.' The *96logs and lumber that his evidence tended to show he owned were located at the Lamberton mill in the town of Cabot, and by statute were taxable in the town where situated. P. S. 510. If the plaintiff owned this property, it was his duty to return the same by his inventory to the listers in that town for taxation. P. S. 543. His failure to return any inventory there had some tendency to show that he did not own the property.…

2Cases cited14 opinions

  1. Childs v. MerrillSupreme Court of Vermont · 1894
  2. Hathaway v. GoslantSupreme Court of Vermont · 1905
  3. Marcy v. ParkerSupreme Court of Vermont · 1905
  4. Kitson Machine Co. v. HoldenSupreme Court of Vermont · 1902
  5. Nye v. DanielsSupreme Court of Vermont · 1902

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. FairbanksSupreme Court of Vermont · 1928
  2. Dailey v. Town of LudlowSupreme Court of Vermont · 1929
  3. Raymond's Admx. v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1916
  4. Smith v. ArmstrongMontana Supreme Court · 1946
  5. In re Wood's WillSupreme Court of Vermont · 1921

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API