Legal Opinion

Hayward v. Clark

Supreme Court of Vermont

Decided January 15, 1878PublishedCited by 9 opinions

This was an action to recover $17.42 for groceries. The case was referred, and the referee reported as follows: The writ was served November 11, 1875, On February 2, 1876, Reuben R. Thrall, claiming to have been employed as attorney by plaintiffs in 1871, to collect an account of $8.02, brought an action against defendant and said trustee in favor of plaintiffs, and obtained a judgment for that amount, which remains unsatisfied.

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This was an action to recover $17.42 for groceries. The case was referred, and the referee reported as follows: The writ was served November 11, 1875, On February 2, 1876, Reuben R. Thrall, claiming to have been employed as attorney by plaintiffs in 1871, to collect an account of $8.02, brought an action against defendant and said trustee in favor of plaintiffs, and obtained a judgment for that amount, which remains unsatisfied. That sum of $8.02 was included in and was a part of the $17.42 sought to be recovered in this action. Plaintiffs repudiate the employment of Thrall as their attorney,…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

This suit was commenced November ll, 1875. Qp the 2d of February, 1876, another suit was commenced in the name of the plaintiffs against the defendant and this trustee, and was prosecuted to judgment in due course, which judgment has not been satisfied, but it is to be regarded as having the same force as when rendered. The account of. $17.42, on which this suit was brought, was for groceries furnished in 1872. The judgment in the other suit for $8.02 was part of, and included in, said sum of $17.42. It is said in the report that the other…

2Cases cited4 opinions

  1. Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
  2. Child v. PearlSupreme Court of Vermont · 1870
  3. Josiah Abbott & Co. v. DuttonSupreme Court of Vermont · 1872
  4. Bemis v. JenningsSupreme Court of Vermont · 1873

3Cited by9 opinions

  1. Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
  2. Friend v. GarcelonSupreme Judicial Court of Maine · 1885
  3. Hissem v. JohnsonWest Virginia Supreme Court · 1886
  4. Walston v. AllenSupreme Court of Vermont · 1909
  5. Farmer & Sons v. TurnerSupreme Court of Iowa · 1884

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