Legal Opinion

McAllister v. Benjamin

Supreme Court of Vermont

Decided May 4, 1923PublishedCited by 47 opinions

Action ok Tort for false and fraudulent representations in the sale of cattle. Plea, the general issue. Trial by jury at the September Term, 1921, Washington County, Moulton, J,, presiding. Verdict for plaintiff. Close jail certificate granted, to which defendant excepted. Motion to set aside verdict made and overruled and judgment for plaintiff. The defendant excepted. The opinion states the case.

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Action ok Tort for false and fraudulent representations in the sale of cattle. Plea, the general issue. Trial by jury at the September Term, 1921, Washington County, Moulton, J,, presiding. Verdict for plaintiff. Close jail certificate granted, to which defendant excepted. Motion to set aside verdict made and overruled and judgment for plaintiff. The defendant excepted. The opinion states the case. In an action for fraud and deceit in the sale of cattle, damages for injury to the plaintiff’s business as a cattle dealer, and to his milk and dairy business, and for the cost of keep of the…

1Opinion of the CourtWatson, C. J.

The plaintiff seeks to recover damages resulting from alleged false and fraudulent representations made by the defendant in the sale at auction by him to the plaintiff of certain registered Holstein heifers, September 25, 1918. The trial was upon plea of general denial and resulted in a verdict of $2,250 for the plaintiff.

It appeared that the defendant made certain representations, by way of advertisement of the auction sale, in the issue of September 21, 1918, of. the Barre Daily Times, and orally at the auction, from the. auctioneer’s stand. The representations in the Daily Times, material…

2Cases cited31 opinions

  1. Smith v. MartinSupreme Court of Vermont · 1919
  2. Cabot v. ChristieSupreme Court of Vermont · 1869
  3. Ryan v. Orient InsuranceSupreme Court of Vermont · 1923
  4. Mallory v. LeachSupreme Court of Vermont · 1862
  5. Bradley v. BlandinSupreme Court of Vermont · 1920

26 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
  2. Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
  3. Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
  4. Parizo v. WilsonSupreme Court of Vermont · 1929
  5. Howard National Bank v. WilsonSupreme Court of Vermont · 1923

42 more not listed; retrieve them via the Exa API.

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