Johnson v. Cate
Supreme Court of Vermont
GsnErau Assumpsit,, common money counts, for money claimed to have been obtained by fraud. Plea, the general issue. Trial by jury at the December Term, 1903, Caledonia. County, Haselton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. This case has been once before in the Supreme Court. See 75 Vt. xoo.
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GsnErau Assumpsit,, common money counts, for money claimed to have been obtained by fraud. Plea, the general issue. Trial by jury at the December Term, 1903, Caledonia. County, Haselton, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. This case has been once before in the Supreme Court. See 75 Vt. xoo. The plaintiff’s third, fifth, seventh, eighth, ninth, and tenth reqúests h> charge, were as follows : “Third: If the transaction was as stated by Mr. Cate with reference to the lumber, that he simply sold him the lumber, in view of the admissions made by Mr. Cate…
1Opinion of the CourtWatson, J.
This action is general assumpsit. The plaintiff seeks to- recover $268.03, which he paid to the defendant on December 16, 1896. The plaintiff claims to recover on the ground that the money was obtained of him by the false and fraudulent representations then made to- him by the defendant.
In the years 1891 and 1892 the plaintiff was agent for Gray, Howe & Steb-bins, a commission lumber firm- of Boston. This firm furnished, through the plaintiff, certain money to the defendant to stock his mill in Wolcott Village, and another mill in North Wolcott Village; the purchases for the defendant were…
2Cases cited1 opinion
- Burton v. DriggsSupreme Court of the United States · 1874
3Cited by3 opinions
- Ell Dee Clothing Co. v. MarshNew York Court of Appeals · 1928
- Marks v. Jos. H. Rucker & Co.California Court of Appeal · 1921
- Goodman Products Corp. v. A. Lustig, Inc.Appellate Division of the Supreme Court of the State of New York · 1943