Buel v. Van Ness
Supreme Court of the United States
ERROR to the Supreme Court of Vermont, for tbe county of Chittenden, being the highest court of law in that state. The plaintiff in error, Buel, brought an action of assumpsit against the defendant in error, Yan Ness, in the state court.
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ERROR to the Supreme Court of Vermont, for tbe county of Chittenden, being the highest court of law in that state. The plaintiff in error, Buel, brought an action of assumpsit against the defendant in error, Yan Ness, in the state court. The declaration was for money had and received, and money lent and advanced, to which defendant pleaded the general issue, and upon the trial, the jury found the following special verdict: That for the space of two years preceding the 15th day of February, in the year 1813, the said Samuel Buel was collector of the customs for the district of Vermont, having…
1Opinion of the Court
Johnsoh, Justice,
delivered the opinion of the court. — This suit was instituted by the plaintiff *in error, late collector of the district of Vermont, against the collector, his successor in office. The sum sued for is one-half the proceeds of a seizure, made while Buel was in office, but not recovered until after he was superseded by the defendant. The right of Buel to the sum sued for, is not now to be questioned. It has already obtained the sanction of this court. Jones v. Shore, 1 Wheat. 462. But before the question was agitated here, a decision had already taken place in the state court,…
2Cases cited2 opinions
- Jones v. Shore'sSupreme Court of the United States · 1816
- Matthews v. ZaneSupreme Court of the United States · 1808
3Cited by27 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
- The Paquete HabanaSupreme Court of the United States · 1899
- Ferris v. CooverCalifornia Supreme Court · 1858
- Smith v. StateSupreme Court of Georgia · 1943
- Lowdermilk v. . ButlerSupreme Court of North Carolina · 1921
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