Lamoille Valley Railroad v. Marsh
Supreme Court of Vermont
Assumpsit upon a subscription paper. Plea, the general issue, and trial by jury, May Term, 1876, Powers, J., presiding. The plaintiff’s evidence tended to show that the plaintiff, by its president, agreed to build its depot in Walden, at a place known as the Heights, if parties in the vicinity interested in its being built there, among whom was the defendant, would raise and pay to the plaintiff the sum of $1,200; that a subscription paper was accordingly drawn and…
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Assumpsit upon a subscription paper. Plea, the general issue, and trial by jury, May Term, 1876, Powers, J., presiding. The plaintiff’s evidence tended to show that the plaintiff, by its president, agreed to build its depot in Walden, at a place known as the Heights, if parties in the vicinity interested in its being built there, among whom was the defendant, would raise and pay to the plaintiff the sum of $1,200; that a subscription paper was accordingly drawn and circulated, and the required sum subscribed, the defendant being one of the subscribers; that the paper, úpon which the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is assumpsit upon a promise by subscription of a certain sum to pay the plaintiff, in consideration that plaintiff would locate and build its depot in Walden at a certain place. The plaintiff agreed to build the depot at this place, if parties interested in such location (among them the defendant) would raise and pay the plaintiff $1,200. At this time a portion of this sum had been subscribed. The jury have found that the plaintiff, by its president, required, in lieu of a general subscription by persons of whose responsibility…
2Cases cited1 opinion
- Administrator of Cilley's Estate v. TennySupreme Court of Vermont · 1858