Hayward Rubber Co. v. Duncklee
Supreme Court of Vermont
This was an action of trespass for some rubber shoes. Plea the general issue, and trial by jury, November Term, 1855, and verdict for the plaintiffs. . The claim was for eight cases of rubbers out of fourteen cases received of the plaintiffs by R. Batchelder and B. Towsley, in June, 1851, at the store of the latter, in Burlington, Vfc, who then conducted a wholesale and retail business in boots and shoes, under the firm of Batchelder & Towsley.
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This was an action of trespass for some rubber shoes. Plea the general issue, and trial by jury, November Term, 1855, and verdict for the plaintiffs. . The claim was for eight cases of rubbers out of fourteen cases received of the plaintiffs by R. Batchelder and B. Towsley, in June, 1851, at the store of the latter, in Burlington, Vfc, who then conducted a wholesale and retail business in boots and shoes, under the firm of Batchelder & Towsley. The fourteen cases when received by B. & T., were placed by them with their other stock in the back room of their store, and all but the eight cases…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
'We think the objection to the depositions of the Towsleys was not well taken. It is necessary that the certificate *38of the magistrate who takes the deposition, should show truly in what cause it is to be used. Without an identity in this respect, it would be impracticable to sustain an indictment against the deponent for perjury. The plaintiffs on the record are set up to be “ a corporation duly established by an act of the legislature of the state of Connecticut, doing business at Hartford,” &c. Though it might not have been necessary to…
2Cases cited3 opinions
- Skiff v. SolaceSupreme Court of Vermont · 1851
- Hines v. SouleSupreme Court of Vermont · 1842
- Chaffee v. ShermanSupreme Court of Vermont · 1854
3Cited by11 opinions
- Waterman v. MoodySupreme Court of Vermont · 1918
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
- Downs v. BeldenSupreme Court of Vermont · 1874
- Smith v. GoetheCalifornia Supreme Court · 1911
- Alger v. Andrews & BaldwinSupreme Court of Vermont · 1875
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