Legal Opinion

Fitzsimons v. Richardson, Twigg & Co.

Supreme Court of Vermont

Decided October 21, 1912PublishedCited by 19 opinions

General Assumpsit. Pleas, the general issue, payment, and accord and satisfaction. Trial by jury at the September Term, 19Í1, Franklin County, Waterman, J., presiding. At the close of all the evidence each party moved for a directed verdict. Verdict directed, pro forma, for the defendants, and judgment .thereon. The plaintiff excepted. The opinion states the case.

1Opinion of the CourtHaselton, J.

This is general assumpsit. Trial was by jury. Verdict and judgment were for the defendants. The plaintiff excepted.

The trial was at the September Term, 1911. Some depositions were taken in New York in the April previous, and before the close of the March Term. The plaintiff did. not attend the taking of the depositions and objected to their being read in evidence. The court overruled the objection, and the plaintiff excepted. Two grounds of objection are relied on in the plaintiff’s brief. The first is: That they were taken in term time, and No. 22, of the County Court Rules, is invoked. But…

2Cases cited35 opinions

  1. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  2. Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
  3. Morris v. TrudoSupreme Court of Vermont · 1909
  4. Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896
  5. Hemenway v. SmithSupreme Court of Vermont · 1856

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3Cited by19 opinions

  1. Rice v. Bennington County Savings BankSupreme Court of Vermont · 1920
  2. Wood v. JamesSupreme Court of Vermont · 1918
  3. Larkin v. GronnaNorth Dakota Supreme Court · 1939
  4. Server v. LangSupreme Court of Vermont · 1918
  5. Stevens v. Mutual Protection Fire InsuranceSupreme Court of New Hampshire · 1930

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