Legal Opinion

Kingsley v. Fitts & Avery

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 4 opinions

Heard on the report of referees, December Term, 1882, Powers, J., presiding. Judgment for'defendant. The facts are sufficiently stated in the opinion of the court, and in the report of this case, 51 Vt.

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Heard on the report of referees, December Term, 1882, Powers, J., presiding. Judgment for'defendant. The facts are sufficiently stated in the opinion of the court, and in the report of this case, 51 Vt. R. 414, except the following as to the agency found by the referees : “ Upon the trial Fitts claimed that he supposed Avery was purchasing the account; but from the evidence and circumstances developed upon the trial we find that Fitts either knew or ought to have known that Avery was acting for some one else in the purchase of said account, although we find that he did not know for whom Avery…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

• The referees have found that the account against John M. Dyer (of $121.61,) which it was agreed by the defendants in May, 1875, should be taken by the defendant Fitts to reimburse him for money due him from Avery, was sold to the plaintiff for $100 ; that Fitts received and has retained said $100 ; that upon said sale being made the defendant Avery, with the consent of Fitts, ordered said account paid to the plaintiff by endorsing thereon “ pay the within account to Chester Kingsley,' (Signed) Fitts & Avery ” ; that the plaintiff brought…

2Cases cited1 opinion

  1. Gilchrist v. HilliardSupreme Court of Vermont · 1880

3Cited by4 opinions

  1. United States Gypsum Co. v. CarneyMassachusetts Supreme Judicial Court · 1936
  2. Bank of Commerce v. RuffinMissouri Court of Appeals · 1915
  3. Marshall v. MorganSupreme Court of Vermont · 1886
  4. Waller v. StaplesSupreme Court of Iowa · 1898

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