Bemis v. Jennings
Supreme Court of Vermont
General Assumpsit. * Pleas, tbe general issue, offset in the general assumpsit counts and on judgment, and former adjudication. Trial by jury and verdict for the defendant, September term, 1872, Ross, J., presiding. The plaintiffs conceded that the defendant should be allowed in offset the sum of fourteen dollars, balance due on judgment, and the controversy was as to an item of the plaintiffs’ account for keeping the defendant’s horse.
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General Assumpsit. * Pleas, tbe general issue, offset in the general assumpsit counts and on judgment, and former adjudication. Trial by jury and verdict for the defendant, September term, 1872, Ross, J., presiding. The plaintiffs conceded that the defendant should be allowed in offset the sum of fourteen dollars, balance due on judgment, and the controversy was as to an item of the plaintiffs’ account for keeping the defendant’s horse. The plaintiffs owned and kept the Willoughby Lake House, and hired the defendant to take charge of it during the summer of 1870.- When the defendant commenced…
1Opinion of the Court
*47The opinion of the-court was delivered by
Wheeler, J.
From the testimony of one of the plaintiffs, as stated in the bill of exceptions, it appears that while they had the use of the defendant’s horse for which he recovered judgment, it was kept by them, so that his just claim against them in that behalf, was for compensation for the use of the horse, they keeping it. It does not appear, nor did the plaintiffs offer to show, so far as the case states, but that the damages in the suit of the defendant against the plaintiffs, were assessed upon that basis. The presumption, nothing to the contrary…
2Cited by1 opinion
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