Mathie v. Hancock
Supreme Court of Vermont
Generar Assumpsit. Heard on an agreed statement at the March Term, 1905, Orleans County, Tyler, J., presiding. Judgment for the defendant to recover his costs. The plaintiff excepted. The opinion states the case. •Defendant is liable as on a quasi-contract. Plaintiff performed for defendant a duty which was imposed on him by the law, and which he neglected to- perform.
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Generar Assumpsit. Heard on an agreed statement at the March Term, 1905, Orleans County, Tyler, J., presiding. Judgment for the defendant to recover his costs. The plaintiff excepted. The opinion states the case. •Defendant is liable as on a quasi-contract. Plaintiff performed for defendant a duty which was imposed on him by the law, and which he neglected to- perform. Keener Quasi-Contracts, 341; Jenkins v. Tucker, 1 H.,B1. 90; Ambrose v. Kerrison, 10 C. B. 776; Bradshaw v. Beard, 12 C. B .. 34/[; Patterson v. Patterson, 59 N. Y. 574; Cunningham V. Rear-don, 98 Mass. 538; Chase v. Corcoran,…
1Opinion of the CourtRowEuq, C. J.
This is general assumpsit. The facts, as agreed upon by the parties, are these: The defendant is administrator of the estate of one Niles, which is in process of settlement in the probate court. Before and at the time of his death, Niles lived upon and carried on the town farm of the town of Hardwick, most of the cows on which belonged to the town. Immediately after Niles’s death, the overseer of the poor, who was also superintendent of the farm, took possession of the farm and the cows. For some time before the death of Niles, the plaintiff made it his home with him on the farm, and was…
2Cases cited4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Chase v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Darby v. First National BankSupreme Court of Vermont · 1885
3Cited by14 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Fargo Foundry Co. v. Village of CallawaySupreme Court of Minnesota · 1921
- Morse v. KenneySupreme Court of Vermont · 1914
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- City of Barre v. Barre & Chelsea RailroadSupreme Court of Vermont · 1924
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