Spooner v. Mattoon
Supreme Court of Vermont
Assumpsit in a special count, and a count for money had and received. Plea, the general issue, and trial hy the court by consent of the parties, at the May Term, 1866, Barrett, J., presiding.
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Assumpsit in a special count, and a count for money had and received. Plea, the general issue, and trial hy the court by consent of the parties, at the May Term, 1866, Barrett, J., presiding. The plaintiff gave evidence tending to support his declaration, and thereby proved that both he and the defendant were soldiers in the 4th Vermont regiment, and in March, 1865, were with the army-near Petersburgh, Virginia; that the plaintiff, in the early pal-t of that month, had considerable money, and fearing that it might not be safe in his own custody during the nights, he had, for one or two nights…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The county court, upon the evidence which is detailed in the bill of exceptions, found that the defendant was not only lacking in the exercise of ordinary care with respect to the amount of money the plaintiff seeks to recover in this action, but that he is chargeable with actual negligence, and rendered a judgment for the plaintiff.
The facts showing that the. money in the defendant’s hands was a simple depositum, or naked deposit, for the sole benefit of the plaintiff, and that it was left with the defendant without any special undertaking on…
2Cited by2 opinions
- Shaw, Admr. v. MooreSupreme Court of Vermont · 1932
- Dawson v. Fusco's Auto Service, Inc.Supreme Court of Virginia · 1941