Legal Opinion

Styles v. Shanks

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 7 opinions

Account against the defendant as bailiff and receiver. The auditor reported the following facts: “ On or about the first day of March, 1868, the parties entered into an agreement, by the terms of which the plaintiff was to furnish a storeroom in Bondville, and purchase on his own account, flour, corn, corn meal, salt, and, by a later arrangement, phosphate; and the defendant was to sell the same for cash, or short credit, to persons of undoubted responsibility, and the…

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Account against the defendant as bailiff and receiver. The auditor reported the following facts: “ On or about the first day of March, 1868, the parties entered into an agreement, by the terms of which the plaintiff was to furnish a storeroom in Bondville, and purchase on his own account, flour, corn, corn meal, salt, and, by a later arrangement, phosphate; and the defendant was to sell the same for cash, or short credit, to persons of undoubted responsibility, and the parties were to share equally in the gains, or profits, on the sales. The plaintiff, in accordance with said agreement,…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

This case comes before this court upon exception to the decision of the county court, refusing a certificate that the cause of action arose from the wilful and malicious act or neglect of the defendant, &c., under §24 of ch. 121, of the Gen. Sts.

*616It is claimed by tbe defendant, that the determination of the court below is final on this question, and its decision cannot be revised on exceptions by this court.

When the facts in the case are of such a character as to bring the case within the provisions of said 24th section, it is made the…

2Cited by7 opinions

  1. Healy, Admr. v. MooreSupreme Court of Vermont · 1936
  2. Mississippi Mills v. J. Meyer & Co.Texas Supreme Court · 1892
  3. Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
  4. In Re ThompsonSupreme Court of Vermont · 1939
  5. Jewett v. PudloSupreme Court of Vermont · 1934

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