Childs v. Millville Mutual M. & F. Ins.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury, December Term, 1883, Veazey, J., presiding. Verdict ordered for the defendant. There was not an accord and satisfaction. Preston v. Grant, 34 Vt. 203 ; Blair v. Ward, 69 N. Y. 115 ; Bolton v. Hillersden, 1 Ld. Baym. 224; Her. Est. 341, 346 ; Bliss v. Stewart, 65 N. Y. 444 ; Jewett v. Miller, 10 N. Y. 403; Brown v. Bowen, 30 N. Y. 514 ; l^ayne v. Burnham, 62 N. Y. 69. The plaintiff was entitled to- the interest.
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Assumpsit. Plea, the general issue. Trial by jury, December Term, 1883, Veazey, J., presiding. Verdict ordered for the defendant. There was not an accord and satisfaction. Preston v. Grant, 34 Vt. 203 ; Blair v. Ward, 69 N. Y. 115 ; Bolton v. Hillersden, 1 Ld. Baym. 224; Her. Est. 341, 346 ; Bliss v. Stewart, 65 N. Y. 444 ; Jewett v. Miller, 10 N. Y. 403; Brown v. Bowen, 30 N. Y. 514 ; l^ayne v. Burnham, 62 N. Y. 69. The plaintiff was entitled to- the interest. Spencer v. Williams, 2 Vt. 209 ; Seeley v. Spencer, 5 Vt. 334 ; Wright v. Allen, 4 Vt. 572 ; Shaw v. Glark, 6 Vt. 507 ; Wheeler v.…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This case shows that a controversy arose as to a claim of the plaintiff, for money paid upon the cancellation of policies in the defendant company. The parties disagreed as to the amount due the plaintiff. The plaintiff wrote the defendant to send him “ such an amount as you feel inclined, which shall be accepted in full satisfaction of my claims for returned premiums against your company.” The defendants sent in response the sum of $268.31, and this sum was retained by ,the plaintiff. This claim is precisely the one made at the former trial in…
2Cases cited4 opinions
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
- Ellsworth v. FoggSupreme Court of Vermont · 1862
- Draper v. HittSupreme Court of Vermont · 1871
- Sturges v. KnappSupreme Court of Vermont · 1863
3Cited by7 opinions
- Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
- In re Wells's EstateSupreme Court of Vermont · 1897
- Guilmont's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- Sherman v. Estey Organ Co.Supreme Court of Vermont · 1897
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