Strong v. Barnes
Supreme Court of Vermont
This was an action of assumpsit, brought on a sale of a carding machine. Plea, non assumpsit, and issue to the court. The plaintiff, in support of his declaration, offered the papers, copies of which are as follows: “Addison, March 1st, 1832. “ In consideration of one hundred dollars received of Mo- “ ses M. Strong, of Rutland, I do hereby sell and transfer to “ the said Moses M. all my right, title, interest, property, “ claim, and demand of, in, and unto a certain carding…
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This was an action of assumpsit, brought on a sale of a carding machine. Plea, non assumpsit, and issue to the court. The plaintiff, in support of his declaration, offered the papers, copies of which are as follows: “Addison, March 1st, 1832. “ In consideration of one hundred dollars received of Mo- “ ses M. Strong, of Rutland, I do hereby sell and transfer to “ the said Moses M. all my right, title, interest, property, “ claim, and demand of, in, and unto a certain carding ma- “ chine in Bristol in the state of Connecticut, which is in the “ possession of Miles Lewis, it being the same…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
There does not appear to be any question of law of any importance presented in this case.— The questions were principally those of fact, and, as such, the decision of the county court upon them was final.
Under the declaration, all which the plaintiff was bound to show, was that the defendant sold or attempted to sell a carding machine, when, in point of fact, he had none. If he affirmed that he had an interest in a carding machine, and released that interest, when, in fact, he had none, he was liable to the plaintiff on his warranty,…
2Cited by6 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Wing v. CooperSupreme Court of Vermont · 1864
- Doe ex dem. Holman v. CraneSupreme Court of Alabama · 1849
- Davis v. CramerMissouri Court of Appeals · 1915
- Rogers v. BancroftSupreme Court of Vermont · 1848
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