Weight v. Geer
Supreme Court of Vermont
This was an action on the case, brought against the defendants jointly. The nature of the action appears by the declaration, which was as follows, viz : For that whereas the said Joseph W. Geer, before and at the time of the committing the grievances herein after mentioned, was a professed mill-wright, and held himself out to the world as a person well skilled in the art and mystery of building mills and water-wheels, and graduating and arranging machinery for water power,…
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This was an action on the case, brought against the defendants jointly. The nature of the action appears by the declaration, which was as follows, viz : For that whereas the said Joseph W. Geer, before and at the time of the committing the grievances herein after mentioned, was a professed mill-wright, and held himself out to the world as a person well skilled in the art and mystery of building mills and water-wheels, and graduating and arranging machinery for water power, and that the said Amos C. Geer, before and at the time aforesaid, was a joint partner in his, the said Joseph’s, business…
1Opinion of the Court
The opinion of the court was pronounced by
Phelps, J.
— The only question in this case is, whether the plaintiff having obtained a verdict against one of the defendants only, is entitled to judgment on the verdict. On the one hand, it is urged that the action being founded on a tort, it is competent for the plaintiff to take judgment against such of the defendants as are proved guilty, although all may not be convicted. On the other hand, it is insisted that the action is founded on a breach of contract alone, and falls within the common rule as to contracts, that a recovery must be had against…
2Cases cited1 opinion
- Kilgore v. Graves' HeirsCourt of Appeals of Texas · 1884
3Cited by9 opinions
- Pierce v. WhitcombSupreme Court of Vermont · 1875
- Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855
- Fremont, Elkhorn & Missouri Valley Railroad v. HagbladNebraska Supreme Court · 1904
- Mann v. BirchardSupreme Court of Vermont · 1867
- Fisher v. CookAppellate Court of Illinois · 1887
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