Priest v. Foster & Jaquith
Supreme Court of Vermont
Special Assumpsit. Plea, tbe general issue with notice. Trial by jury at the September Term, 1896, Rutland County, Rowell, J , presiding. The defendants claimed that the plaintiff was barred from the present action by reason of having prosecuted the former to final judgment, and objected to all evidence. The court ruled that the remedies were not inconsistent and admitted the evidence, to which the defendants excepted.
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Special Assumpsit. Plea, tbe general issue with notice. Trial by jury at the September Term, 1896, Rutland County, Rowell, J , presiding. The defendants claimed that the plaintiff was barred from the present action by reason of having prosecuted the former to final judgment, and objected to all evidence. The court ruled that the remedies were not inconsistent and admitted the evidence, to which the defendants excepted. The defendants further claimed that the contract of letting had been determined in the former suit and objected to the plaintiff’s evidence upon that subject; but the evidence…
1Opinion of the CourtStart, J.
The plaintiff obtained judgment in the court below for damages that had accrued to him by reason of the defendants’ breach of contract to repair, keep in repair and return in as good condition as when they took it, a certain mill and machinery therein. While the defendants were in the occupancy of the mill under this contract, it was destroyed by fire. Thereupon the plaintiff brought a suit against the defendants, declaring in case, and thereby charged, that, while the defendants were in the occupancy of the mill, it became their duty to manage and use the mill and premises in a careful and…
2Cases cited20 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Dash v. Van KleeckNew York Supreme Court · 1811
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
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3Cited by9 opinions
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
- Brinton v. School Dist. of Shenango Twp.Superior Court of Pennsylvania · 1923
- Oben v. AdamsSupreme Court of Vermont · 1915
- Mayo v. ClaflinSupreme Court of Vermont · 1919
- Abbadessa v. TeguSupreme Court of Vermont · 1961
4 more not listed; retrieve them via the Exa API.