Underhill v. Rutland Railroad
Supreme Court of Vermont
Assumpsit brought by the plaintiff as receiver of the Columbian Marble Company. Plea, the general issue. Trial by jury at the September Term, 1914, Rutland County, Slack, J., presiding. At the close of the plaintiff’s evidence, the court directed a verdict for the defendant. The plaintiff excepted. The opinion states the case. Having accepted the benefit of the work done by the Marble Company, the defendant cannot keep the benefit and deny the authority to bestow it.
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Assumpsit brought by the plaintiff as receiver of the Columbian Marble Company. Plea, the general issue. Trial by jury at the September Term, 1914, Rutland County, Slack, J., presiding. At the close of the plaintiff’s evidence, the court directed a verdict for the defendant. The plaintiff excepted. The opinion states the case. Having accepted the benefit of the work done by the Marble Company, the defendant cannot keep the benefit and deny the authority to bestow it. Phoenix Ld. Co. v. Fxall, 159 S. W. 474; Livingston Mfg. Go. v. Rizzi Bros., 86 Yt. 419, 423; Railway v. McCarthy, 96 U. S.…
1Opinion of the CourtMunson, C. J.
The plaintiff sues as receiver of the Columbian Marble Company. The original declaration consisted of the common counts, and declared upon a promise to the plaintiff. There is an amended declaration which declares upon a promise to pay the Columbian Marble Company, and in consideration thereof a promise to the plaintiff as receiver. At the conclusion of the evidence submitted by the plaintiff on the question of liability, the defendant moved for the direction of a verdict, and included in the grounds of its motion the point that the title to the claimed cause of action had not been shown to…
2Cases cited25 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Childress v. EmorySupreme Court of the United States · 1823
- Ward v. . PetrieNew York Court of Appeals · 1898
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
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3Cited by13 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- O'Rourke v. Lunde and The Housing Group Limited PartnershipSupreme Court of Vermont · 2014
- Karon v. KelloggSupreme Court of Minnesota · 1935
- In Re DawleySupreme Court of Vermont · 1926
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