Buck v. Albee
Supreme Court of Vermont
Assumpsit. The declaration contained four counts. 1. For •worh and labor. 2. Goods sold and delivered. • 3. Money lent fyc. 4. Money Jiad and received. Plea, the general issue, and trial by jury.
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Assumpsit. The declaration contained four counts. 1. For •worh and labor. 2. Goods sold and delivered. • 3. Money lent fyc. 4. Money Jiad and received. Plea, the general issue, and trial by jury. It appeared from the evidence of the plaintiff on trial, that one Michael Kirk, of Fairfield, was the owner of a quantity of spiritous liquors, which were at Burlington, and Essex or Colchester; that being indebted to the defendant, on the second day of February, 1850, he transferred the liquors to the defendant, upon an agreement that the defendant should sell the same, and apply the avails, first…
1Opinion of the Court
*190The opinion of the court was delivered by
Isham, J.
The fact is found in this case, that one Michael Kirk was the owner of a quantity of spiritous liquor, and that on the second day of February, 1850, he transferred the same to the defendant to be sold. Its avails were to be applied to pay the debt due from Mr. Kirk to Mr. Albee, then the claim due Messrs. Barlow & Keyes, and the surplus was to be held subject to the order of Mr. Kirk.
The contract, under which the plaintiff claims the money for which this suit is brought, was made the next day after the transfer of the liquor to the defendant,…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Bartle v. NuttSupreme Court of the United States · 1830
3Cited by14 opinions
- Reed v. JohnsonWashington Supreme Court · 1901
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Hoffman v. McMullenCourt of Appeals for the Ninth Circuit · 1897
- Batchelder v. MantakSupreme Court of Vermont · 1978
- Hubbard v. MulliganColorado Court of Appeals · 1899
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