Valiquette v. Clark Bros. Coal Mining Co.
Supreme Court of Vermont
General Assumpsit, based on a draft for $250. Plea, the general issue. Trial by court on an agreed statement of facts at the March Term, 1909, Rutland County, Waterman, J., presiding. Judgment for the plaintiff for the amount of the draft, interest, and costs. The defendant excepted.
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General Assumpsit, based on a draft for $250. Plea, the general issue. Trial by court on an agreed statement of facts at the March Term, 1909, Rutland County, Waterman, J., presiding. Judgment for the plaintiff for the amount of the draft, interest, and costs. The defendant excepted. From the agreed statement it appears that during all the time material to this ease plaintiff was the proprietor, and A. J. Boynton, manager, of the Berwick Hotel in the city of Rutland, Vermont, and that defendant was a corporation organized and existing under the laws of the State of Pennsylvania, having its…
1Opinion of the CourtRowell, C. J.
It is objected that the action can not be maintained in the name of the plaintiff because his name does not appear on the face of the draft'in suit, which is drawn in favor of the "Berwick Hotel,” of which the plaintiff was sole proprietor at the time in question; and Bank of United States v. Lyman, in the Federal Circuit Court for the District of Vermont, 20 Vt. 666, is relied upon in support of the objection; and it does support it, for it holds precisely that. But such is not the law of this State, and has not been since the case of Arlington v. Kinds, 1 D. Chip. 431, decided in 1824, in…
2Cases cited19 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Jackson v. BankTennessee Supreme Court · 1893
- Lytle & Co. v. Bank of DothanSupreme Court of Alabama · 1898
- President of the Bank of the United States v. LymanUnited States Circuit Court · 1848
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3Cited by9 opinions
- Morgan v. GouldSupreme Court of Vermont · 1923
- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Badger Lumber Co. v. CollinsonSupreme Court of Kansas · 1916
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Bennett v. PotashnickMissouri Court of Appeals · 1924
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