Hall v. Huntoon
Supreme Court of Vermont
Assumpsit upon an alleged contract of indemnity. Plea, tlie general issue, and trial by jury. The plaintiff’s declaration was, in substance, that the plaintiff, on the 6th' day of November, 1841, as constable of the town of Clarendon, had an execution to collect in favor of one Eliza A. Alarsh against the first school district in the town of Shrewsbury, and on the same day levied said execution upon a horse, the property of one Levi Finney, an inhabitant of said district,…
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Assumpsit upon an alleged contract of indemnity. Plea, tlie general issue, and trial by jury. The plaintiff’s declaration was, in substance, that the plaintiff, on the 6th' day of November, 1841, as constable of the town of Clarendon, had an execution to collect in favor of one Eliza A. Alarsh against the first school district in the town of Shrewsbury, and on the same day levied said execution upon a horse, the property of one Levi Finney, an inhabitant of said district, and sold said horse to satisfy the same; that the defendant afterwards, to wit, on the 15th day of November, 1841, “in…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question, which has been urged on the *250consideration of the court so learnedly and so ably by the counsel for the plaintiff, it appears to us does not arise in this case. The trial was by the court on the issue- formed. The evidence is detailed. If any questions of fact were determined by the county court, this finding is not to be questioned here. The contract, on which the plaintiff relies, was made by the defendant, as agent of Finney, with Barney, from whom the consideration passed, and to whom the promise was made.
In the first…
2Cases cited2 opinions
- Crampton v. Administrator of BallardSupreme Court of Vermont · 1838
- Pangborn v. SaxtonSupreme Court of Vermont · 1839
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- Anderson v. ReedSupreme Court of Oklahoma · 1928
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- Corey v. PowersSupreme Court of Vermont · 1846
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