Downer v. Baxter
Supreme Court of Vermont
Indebitatus Assumpsit for money paid. Plea, the general issue, and trial by jury, at the December Term, 1856, — Underwood, J., presiding.
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Indebitatus Assumpsit for money paid. Plea, the general issue, and trial by jury, at the December Term, 1856, — Underwood, J., presiding. On trial, the plaintiff gave evidence tending to prove that the plaintiff and the defendant were formerly joint owners of a farm, which was occupied by one Thomas Sargeant, upon a contract of tenancy upon shares ; that during said tenancy, an account accrued in fayor of Sargeant against the plaintiff and the defendant, for which he commenced an action at law against them; that one Cobb was employed by the plaintiff and the defendant, as an attorney, to…
1Opinion of the Court
The opinion of the court was delivered by
BEnNETT, J.
This is an action of general assumpsit for moneys paid to the use of the defendant.
It appears that one Cobb was employed, as an attorney, to defend a suit which had been brought against the parties to this action by their tenant, in which there was a joint liability, and originally a joint interest. In process of time, Mr. Cobb commenced his action against these parties to collect his fees in that suit, and Cobb’s suit was continued in a course of litigation until his debt and cost exceeded one hundred dollars, and the whole judgment was…
2Cases cited5 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- State v. BabcockSupreme Court of Connecticut · 1815
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
- Wynn v. BrookeSupreme Court of Pennsylvania · 1835
- Smith v. PerrySupreme Court of Vermont · 1854
3Cited by17 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Bellows Falls Village Corp. v. State Highway BoardSupreme Court of Vermont · 1963
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
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