Smith v. Kellogg
Supreme Court of Vermont
Assumpsit. Plea, the general issue, with notice of payment. Trial by the court, September term, 1878, Wheeler, J., presiding. The declaration contained two special counts and the general counts.
Read the full summary
Assumpsit. Plea, the general issue, with notice of payment. Trial by the court, September term, 1878, Wheeler, J., presiding. The declaration contained two special counts and the general counts. The first special counts declared upon a lease (as made to the defendants) from the plaintiff to the defendant A. L. Kellogg and one Charles Lowry, dated May 22, 1867, which was signed and sealed by the plaintiff only, and-whereby the plaintiff leased a certain drug-store to the said Kellogg and Lowry, for the term of two years, together with certain personal property enumerated in a schedule thereto…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
By accepting the personal property named in the .schedule annexed to the lease, under the lease, the defendant A. L. *564Kellogg and Charles Lowry, to whom the lease was made, though it was unsigned by them, became personally obligated to the plaintiff to return to him the furniture named in the schedule, or to pay for it, whether the same should be destroyed by the elements or not. Patchin v. Swift et al. 21 Vt. 292. The obligation to return or pay for the soda fountain, was the personal obligation of A. L. Kellogg and Lowry; and a breach of it by…
2Cases cited1 opinion
- Patchin v. SwiftSupreme Court of Vermont · 1849
3Cited by9 opinions
- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- New York Phonograph Co. v. DavegaAppellate Division of the Supreme Court of the State of New York · 1908
- Epstein v. GluckinNew York Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.