Legal Opinion

J. C. Hicks & Co. v. Cram

Supreme Court of Vermont

Decided March 15, 1845PublishedCited by 18 opinions

Indebitatus Assumpsit for goods sold and delivered. Plea, the general issue, and trial by the jury. The plaintiffs claimed to recover for goods sold to the defendants in October and December, 1841, and in May, 1842. On trial, the plaintiffs, to support the issue on their part, introduced evidence tending to prove that the defendants were partners in trade, doing business at Braintree, under the firm of Cram & Hutchinson, and that the merchandize, to recover the price of…

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Indebitatus Assumpsit for goods sold and delivered. Plea, the general issue, and trial by the jury. The plaintiffs claimed to recover for goods sold to the defendants in October and December, 1841, and in May, 1842. On trial, the plaintiffs, to support the issue on their part, introduced evidence tending to prove that the defendants were partners in trade, doing business at Braintree, under the firm of Cram & Hutchinson, and that the merchandize, to recover the price of which this action was brought, was purchased by the defendant Cram and by agents, duly authorized for that purpose by the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The only point in dispute in this case, before the jury, seems to have been, whether the firm of Cram & Hutchinson consisted of Cram and Nathaniel Hutchinson, or of Cram and John Hutchinson. The suit being brought against Cram and Nathaniel Hutchinson, the effort of the plaintiffs was, to make proof of his liability, both on account of the costs, which would be lost in bringing a new suit, and also from the fact that Nathaniel Plutchinson was responsible, — Cram and John Hutchinson being understood to be insolvent.

1. We think the court…

2Cited by18 opinions

  1. Webster v. John Clark, Son & Co.Supreme Court of Florida · 1894
  2. Farmers' Bank v. SalingOregon Supreme Court · 1898
  3. Manufacturers' Bank v. ScofieldSupreme Court of Vermont · 1867
  4. Cross v. Burlington National BankSupreme Court of Kansas · 1876
  5. Parchen v. AndersonMontana Supreme Court · 1885

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