Legal Opinion

Sequin v. Peterson

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 4 opinions

Assumpsit for money had and received, brought to the city court of Burlington. Plea, the general issue. The court, Noyes, J., found the following facts: The plaintiff’s minor son, eleven years of age, living with his father and supported by him, without authority from his father, or any one, some time before trial, purchased of the defendant, who kept a grocery store, and sold groceries, pipes, tobacco, &c., a cigar-holder, for which he paid to the defendant one dollar and…

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Assumpsit for money had and received, brought to the city court of Burlington. Plea, the general issue. The court, Noyes, J., found the following facts: The plaintiff’s minor son, eleven years of age, living with his father and supported by him, without authority from his father, or any one, some time before trial, purchased of the defendant, who kept a grocery store, and sold groceries, pipes, tobacco, &c., a cigar-holder, for which he paid to the defendant one dollar and twenty-five cents, and on the same day he purchased another cigar-holder and a pipe in a case, for which he paid the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The plaintiff’s minor son, a child eleven years of age, purchased of the defendant cigar-holders and fancy pipes in cases, and paid him therefor, in money, $4.75.

The next day after said purchase, the plaintiff’s wife, and child’s mother, went with the boy to the defendant’s store, tendered back the articles so purchased, and demanded the money paid for them, which the defendant refused. The plaintiff thereupon brought this suit to recover the money thus paid for the smoking equipment furnished his child.

*257I. The court below adjudged, as a…

2Cases cited3 opinions

  1. Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
  2. Varney v. YoungSupreme Court of Vermont · 1839
  3. Chilson v. PhilipsSupreme Court of Vermont · 1827

3Cited by4 opinions

  1. Ferguson v. Phoenix Mutual Life InsuranceSupreme Court of Vermont · 1911
  2. Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
  3. Harriman v. SangerSupreme Judicial Court of Maine · 1877
  4. Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912

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