Beckwith v. Guy Frisbie & Sons
Supreme Court of Vermont
Assumpsit for money paid. Plea, the general issue. The ease was referred and the referee reported the following facts : The defendants, during the year 1856, and previous to that time, were manufacturers of lime at Willsborough, on Lake Champlain, in the State of New York, and were in the habit of transporting it to the city of New York for sale, and for that purpose owned and used two canal boats, whioh carried their lime from Lake Champlain through the canal to the Hudson…
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Assumpsit for money paid. Plea, the general issue. The ease was referred and the referee reported the following facts : The defendants, during the year 1856, and previous to that time, were manufacturers of lime at Willsborough, on Lake Champlain, in the State of New York, and were in the habit of transporting it to the city of New York for sale, and for that purpose owned and used two canal boats, whioh carried their lime from Lake Champlain through the canal to the Hudson river, and thence to New York, without unloading. Occasionally the defendants had transported freight in small…
1Opinion of the CourtAldis, J.
The plaintiff paid the money which he now seeks to recover back, in order to obtain possession of his oats, which the defendants had, and which they refused to deliver up unless the money which they claimed for freight was paid.
The plaintiff claims that the defendants had no right to demand the money which he paid, and that he was under a necessity to pay it to get his goods. From the report of the referee it is obvious that there was a pressing necessity upon the plaintiff to get possession of his oats, in order to sell them. They were in market, their price was falling, and delay involved a…
2Cases cited1 opinion
- Centre Turnpike Co. v. SmithSupreme Court of Vermont · 1840
3Cited by24 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Scottish Union & National Insurance v. HerriottSupreme Court of Iowa · 1899
- Adams v. SchifferSupreme Court of Colorado · 1887
- Pingree v. Mutual Gas Co.Michigan Supreme Court · 1895
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