Legal Opinion

McGuire v. Kiveland

Supreme Court of Vermont

Decided January 15, 1884Published

Action on the case. Heard on an agreed statement, March Term, 1883, Yeazey, J., presiding. Judgment for the plaintiff. The defendant gave the plaintiff the following order: “ Owen Owens & Co., Please pay to Thomas McGuire the amount of my store bill due him-each month from my wages, if that amount is earned by me, while in your employ, and the balance, if any, pay to McGuire & Campbell, to apply on a note given by me to them.” [Signed]. Agreed statement, in part; "The.…

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Action on the case. Heard on an agreed statement, March Term, 1883, Yeazey, J., presiding. Judgment for the plaintiff. The defendant gave the plaintiff the following order: “ Owen Owens & Co., Please pay to Thomas McGuire the amount of my store bill due him-each month from my wages, if that amount is earned by me, while in your employ, and the balance, if any, pay to McGuire & Campbell, to apply on a note given by me to them.” [Signed]. Agreed statement, in part; "The. plaintiff furnished goods to defendant on tlie strength of said order, and the said Owens & Co. paid tlie wages of said…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

It appears that defendant was in the employ of Owens & Co. as a quarryman. The defendant was indebted to McGuire & Campbell for goods. The firm of McGuire & Campbell was dissolved, and this plaintiff, Thos. McGuire, succeeded to the business of that firm. The defendant desired to continue his purchases of goods for his current needs after the dissolution ; and to secure McGuire for goods ho might thereafter supply, gave an order upon Owens & Co. to pay the plaintiff the amount of his monthly store bill out of his monthly wages. The plaintiff…

2Cases cited1 opinion

  1. Town of Troy v. AikenSupreme Court of Vermont · 1873

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