Snow v. Hix
Supreme Court of Vermont
Assumpsit. Heard by the court, September Term, 1881, Taft, J., presiding. Judgment for the defendant. The defendant, in March, 1874, was and had been for a long time, an attorney practicing his profession. The plaintiff was a sheriff.
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Assumpsit. Heard by the court, September Term, 1881, Taft, J., presiding. Judgment for the defendant. The defendant, in March, 1874, was and had been for a long time, an attorney practicing his profession. The plaintiff was a sheriff. It appeared that the defendant was attorney for two parties — firms; that he held their claims to be secured against one A. F. Chase; that he made two writs, one returnable to a justice and the other to the County Court, and gave them to the plaintiff with directions to serve them upon Chase, by attaching, among a large number of other things, a quantity of…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
On the facts agreed upon by the parties, and the additional facts found by the County Court, the judgment for the defendant rendered by that court must be affirmed. It is tacitly *481conceded by the plaintiff’s counsel that if the defendant promised to indemnify the plaintiff against the claim and suit of Jacob Chase for the lumber which the plaintiff had attached as the property of Abram F. Chase, such promise would be within the operation of the Statute of Frauds, and not enforceable because not in writing, if it was collateral to the liability…
2Cases cited4 opinions
- Newman v. SylvesterIndiana Supreme Court · 1873
- Tiller v. SpradleySupreme Court of Georgia · 1869
- McCubbin v. GrahamSupreme Court of Kansas · 1868
- Paddock v. KittredgeSupreme Court of Vermont · 1858
3Cited by3 opinions
- Thilmany v. Iowa Paper Bag Co.Supreme Court of Iowa · 1899
- Hawkins v. WilsonSupreme Court of Vermont · 1920
- Browne v. HareWest Virginia Supreme Court · 1932