Street v. Hall
Supreme Court of Vermont
Book account. The facts, as reported by the auditor, were as follows : In May, 1854, the defendant was duly appointed by the commissioner for the county of Franklin the agent for the town of Swanton to sell intoxicating liquors for the purposes, and in the manner authorized by the act of 1852 to prevent the traffic in intoxicating liquors for the purpose of drinking; and he appointed one Daniel Platt his general agent to purchase and sell said liquors, and agreed to give…
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Book account. The facts, as reported by the auditor, were as follows : In May, 1854, the defendant was duly appointed by the commissioner for the county of Franklin the agent for the town of Swanton to sell intoxicating liquors for the purposes, and in the manner authorized by the act of 1852 to prevent the traffic in intoxicating liquors for the purpose of drinking; and he appointed one Daniel Platt his general agent to purchase and sell said liquors, and agreed to give him, as his compensation for attending’ to the business, one-half of the net profits. Said Platt took the general oversight…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The note surrendered being in every respect the same which the auditor reports was given by Platt, and no question being made in regard to its genuineness, and there being no pretense that he executed more than one such note, we must conclude it is the identical note. This will remove all question upon that ground.
But if the note had not been in fact surrendered, it would be no objection to the recovery so long as it remained in the custody or power of the party. But if it were negotiable and had been negotiated, (which the report does…
2Cited by2 opinions
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
- Garrett-Williams Co. v. WatkinsSupreme Court of Vermont · 1911