Torrey v. Baxter
Supreme Court of Vermont
Assumpsit, against the defendant and George Throop, late partners under the firm of Baxter & Throop, in four counts. The first count was upon a promissory note, dated June 16, 1838, for $ 187.64, payable on demand and interest. The other counts were for money had and received, money paid, laid out and expended, and goods sold and delivered. Plea, non assumpsit, and issue to the country.
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Assumpsit, against the defendant and George Throop, late partners under the firm of Baxter & Throop, in four counts. The first count was upon a promissory note, dated June 16, 1838, for $ 187.64, payable on demand and interest. The other counts were for money had and received, money paid, laid out and expended, and goods sold and delivered. Plea, non assumpsit, and issue to the country. Throop having died after-the commencement of the suit, the trial proceeded against Baxter alone. • On the trial in the county court, the plaintiff, introduced testimony tending to prove that for several years…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In the present case it is very obvious, that, in moral equity and good conscience, the plaintiff has a just claim upon the defendant for the payment of his original debt against the late firm of Baxter & Throop. This debt is admitted to have been a just debt against the firm, and it is apparent it has never been realized by the plaintiff, or paid by the firm. This action then should lie, unless there is some inflexible rule of law, which interposes itself between the court and the justice of the case. That does not often happen. It is the…
2Cases cited4 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Arnold v. CampNew York Supreme Court · 1815
- Coit v. TracySupreme Court of Connecticut · 1831
- Davidson v. Borough of BridgeportSupreme Court of Connecticut · 1831
3Cited by6 opinions
- Dille v. WhiteSupreme Court of Iowa · 1906
- Stoddard & Son v. Village of North TroySupreme Court of Vermont · 1930
- Wait v. BrewsterSupreme Court of Vermont · 1859
- Goodrich v. TracySupreme Court of Vermont · 1871
- Rutland Provision Co. v. HallSupreme Court of Vermont · 1899
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