Peters v. Farnsworth
Supreme Court of Vermont
This was an action on the case, in which the plaintiff alleged that the defendant fraudulently assumed to have authority to convey to the plaintiff a certain lot of land, with the usual covenants, and did convey to the plaintiff said land, as the attorney of Cadwallader and Astley, and covenanted, for and in behalf of said Cadwallader and Astley, in their names, and as their attorney, that they were well seized of the premises, and that they would warrant and defend the.…
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This was an action on the case, in which the plaintiff alleged that the defendant fraudulently assumed to have authority to convey to the plaintiff a certain lot of land, with the usual covenants, and did convey to the plaintiff said land, as the attorney of Cadwallader and Astley, and covenanted, for and in behalf of said Cadwallader and Astley, in their names, and as their attorney, that they were well seized of the premises, and that they would warrant and defend the. same, &c. Plea not guilty, and trial by jury. In support of the declaration the plaintiff gave in evidence a deed of the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
Exceptions were taken to the decision of the county court, by both plaintiff and defendant. The exception taken by the plaintiff is, to the rule of damages laid down by the court. Those taken by the defendant involve the inquiry, whether the plaintiff can maintain any action against the defendant, on the facts appearing in the case; and this depends on the construction to be given to the letter of attorney from Cadwallader and Astley to the defendant, for if that letter of attorney authorized him to execute the conveyance to the…
2Cases cited3 opinions
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
- Gibson v. ColtNew York Supreme Court · 1811
- Nixon v. HyserottNew York Supreme Court · 1809
3Cited by6 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1875
- Abbott v. City of GalvestonTexas Supreme Court · 1904
- Cotting v. CommonwealthMassachusetts Supreme Judicial Court · 1910
- Schultz v. . GriffinNew York Court of Appeals · 1890
- Backman v. CharlestownSupreme Court of New Hampshire · 1860
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