Legal Opinion

Dunnett & Slack v. Gibson

Supreme Court of Vermont

Decided February 21, 1906PublishedCited by 9 opinions

General Assumpsit. .Heard on the report of a referee and exceptions thereto at the December Term, 1905, Caledonia County, Munson, J., presiding. Exceptions overruled. Judgment on the report for the plaintiffs for $500, and interest from September 26, 1904, and costs. The defendant excepted. The opinion states the case. The subject-matter of the Johnson notes was introduced by defendant.

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General Assumpsit. .Heard on the report of a referee and exceptions thereto at the December Term, 1905, Caledonia County, Munson, J., presiding. Exceptions overruled. Judgment on the report for the plaintiffs for $500, and interest from September 26, 1904, and costs. The defendant excepted. The opinion states the case. The subject-matter of the Johnson notes was introduced by defendant. This gave plaintiffs not only the right to meet this evidence, but to give their version of what occurred in respect of this subject-matter. Baker & Sons v. Sherman, 71 Vt. 450; Perry v. Vermont Barm Machine…

1Opinion of the CourtTylER, J.

The referee reports that in the spring of 1904 the defendant owed the plaintiffs about $1,300 on account and note, and that he was pressed by them' for payment; that in March or April, without the plaintiffs’ knowledge, he bought of a Mrs. Stanley four notes which Dunnett had previously given to James Johnson and which amounted to more than the plaintiffs’ demands against the defendant; that Dunnett was requested by the defendant to apply his indebtedness to the plaintiffs upon these notes, to which Dunnett replied that he would so apply his part of the demands, but that his partner must have…

2Cases cited5 opinions

  1. Laurent v. VaughnSupreme Court of Vermont · 1858
  2. Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
  3. Winn v. ChamberlinSupreme Court of Vermont · 1859
  4. Wead v. St. Johnsbury & Lake Champlain Rd.Supreme Court of Vermont · 1894
  5. Benedict v. LawrenceSupreme Court of Vermont · 1895

3Cited by9 opinions

  1. Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
  2. Wood v. JamesSupreme Court of Vermont · 1918
  3. MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
  4. Hayden v. HoadleySupreme Court of Vermont · 1920
  5. L'ECUYER v. State Highway BoardSupreme Court of Vermont · 1965

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