Legal Opinion

Baker v. Jacobs

Supreme Court of Vermont

Decided October 15, 1891PublishedCited by 9 opinions

Assumpsit. Trial by jury at the December term, 1890, Lamoille county, Ross, J., presiding. Verdict for the plaintiff. After verdict the defendant moved to set aside the same. The court granted the motion as a matter of law and not discretion. The plaintiff excepts. The case appears in the opinion. This case must be judged by the ordinary customs of the time and place.

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Assumpsit. Trial by jury at the December term, 1890, Lamoille county, Ross, J., presiding. Verdict for the plaintiff. After verdict the defendant moved to set aside the same. The court granted the motion as a matter of law and not discretion. The plaintiff excepts. The case appears in the opinion. This case must be judged by the ordinary customs of the time and place. Giving a friend a cigar in these last days is by common custom as usual, as harmless and commendable as was once the giving of a cup of cold water. One of Vermont’s greatest statesmen has been often censured because he so seldom…

1Opinion of the Court

The opinion of.the court was delivered by

THOMPSON, J.

In the County Court, the jury returned a verdict for the plaintiff. Immediately after the verdict was returned the plaintiff directed the deputy sheriff who had had charge of the jury, to get them all together at the American House in Hyde Park, saying that he wanted “ to pay the cigars.” Thereupon the deputy sheriff informed some of the jury that the plaintiff was going to treat, and several of the jury soon after met the plaintiff at the American House and were treated by him with cigars furnished and paid for by him. At the same term the…

2Cases cited1 opinion

  1. Town of Ryegate v. Town of WardsboroSupreme Court of Vermont · 1858

3Cited by9 opinions

  1. In re Fulham's EstateSupreme Court of Vermont · 1923
  2. Opinion of the JusticesSupreme Court of New Hampshire · 1891
  3. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  4. In Re Walker Estate. TreadwaySupreme Court of Vermont · 1941
  5. In Re SekuguchiCalifornia Court of Appeal · 1932

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