Evans v. Beckwith
Supreme Court of Vermont
Assumpsit upon a receipt given by the defendant to the plaintiff for a quantity of goods attached by the plaintiff as sheriff, on writs in favor of S. S. Thompson and Chamberlin & Fletcher, against Fife &Wadleigh. Plea, the general issue. Trial by the court, December Term, 1863, Poland, Ch. J., presiding.
Read the full summary
Assumpsit upon a receipt given by the defendant to the plaintiff for a quantity of goods attached by the plaintiff as sheriff, on writs in favor of S. S. Thompson and Chamberlin & Fletcher, against Fife &Wadleigh. Plea, the general issue. Trial by the court, December Term, 1863, Poland, Ch. J., presiding. Upon trial it appeared that Fife & Wadleigh, being owners of a store of goods, failed in October, 1856, and on the 14th of the same month the plaintiff attached and took the goods in their store upon the two writs above named. Previous to the attachment one George W. Wadleigh had taken…
1Opinion of the CourtBarrett, J.
The only question presented by the exceptions, and discussed in the argument is, whether the plaintiff is entitled to interest on the sum expressed in the receipt, from the time the property was sold, for which the receipt was given. It appears that the defendant paid the principal sum at the time he was called upon, conformably to the terms of the receipt, and the understanding and agreement of the parties to the transaction.
Whether the question be considered upon the contract evidenced by the receipt, or upon the evidence as to the understanding of the parties, outside of the receipt, the…
2Cases cited3 opinions
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Brainerd v. Champlain Transportation Co.Supreme Court of Vermont · 1857
- In re Peck's EstateSupreme Court of Vermont · 1908
3Cited by4 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- United States v. HillsU.S. Circuit Court for the District of Massachusetts · 1878
- United States v. Mexican International R. Co.U.S. Circuit Court for the District of Western Texas · 1907
- Town of Panton v. Noonan, Admr.Supreme Court of Vermont · 1941