Collamer v. Foster
Supreme Court of Vermont
Assumpsit for a quantity of-starch, and freight of the same. Plea, the general issue, and trial by the court. The plaintiff claimed to recover for 43,121 pounds of starch, at the price of $3,87-^ per hundred, including freight from Barre, to Northfield. The defendant admitted that the amount of starch was delivered at Northfield, prior to the 20th day of February, 1849, and that he received and sold the same.
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Assumpsit for a quantity of-starch, and freight of the same. Plea, the general issue, and trial by the court. The plaintiff claimed to recover for 43,121 pounds of starch, at the price of $3,87-^ per hundred, including freight from Barre, to Northfield. The defendant admitted that the amount of starch was delivered at Northfield, prior to the 20th day of February, 1849, and that he received and sold the same. The plaintiff read in evidence the following contract, dated January 19, 1849, and signed by himself and the defendant. “ 1. Geo. W. Collamer, on his part, to deliver the starch, say “…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The plaintiff has brought this action of assumpsit to recover for a quantity of starch, which was received and sold by the defendant; and also, for money advanced by him for its transportation to Northfield. A recovery in the case is resisted on the ground that the property was received under a partnership contract and is involved in their partnership dealing and account; ahd that the remedy of the party is not at law in this form of action; but is confined to the action of account, or bill in equity, in which all the partnership dealing can…
2Cases cited1 opinion
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
3Cited by10 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
- Smith v. PutnamWisconsin Supreme Court · 1900
- Doyle v. PolleSupreme Court of Vermont · 1960
- George v. BenjaminWisconsin Supreme Court · 1898
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