S. Brodek & Co. v. Hirschfield
Supreme Court of Vermont
Assumpsit. Plea, general issue. Trial by court, March Term, 1883, Yeazey, J., presiding. Judgment for the plaintiff. The plaintiff introduced ohly the depositions of two members of the plaintiff company, and two letters from the defendant. The letters denied all legal liability, but admitted a moral one. The depositions were substantially alike. It was stated in one: “ On the 10th day of March, 1882, Mr. George Hirschfield was at our store and bought from us a bill of goods.
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Assumpsit. Plea, general issue. Trial by court, March Term, 1883, Yeazey, J., presiding. Judgment for the plaintiff. The plaintiff introduced ohly the depositions of two members of the plaintiff company, and two letters from the defendant. The letters denied all legal liability, but admitted a moral one. The depositions were substantially alike. It was stated in one: “ On the 10th day of March, 1882, Mr. George Hirschfield was at our store and bought from us a bill of goods. He asked me to charge the goods to his son, M. G. Hirschfield, and send them to him at Sturgis in the State of…
1Opinion of the Court
The opinion of the court was delivered by
Royoe, Ch. J.
The first exception taken was to the ruling of the court below allowing the amended counts, which are made a part of the exceptions to be filed.
The original declaration contained the common indebitatus counts ; and the only claim made by the plaintiffs was for goods sold. To warrant a recovery under that declaration, it was incumbent upon the plaintiffs to show that the goods were sold to the defendant. Curtis v. Smith, 48 Vt. 116. They could not recoverupon proof that the defendant guaranteed the payment for the goods. The new counts…
2Cases cited3 opinions
- Carpenter v. GookinSupreme Court of Vermont · 1829
- Curtis v. SmithSupreme Court of Vermont · 1874
- D. Dewey & Co. v. NicholasSupreme Court of Vermont · 1871
3Cited by6 opinions
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Estabrooks v. Fidelity Mutual Fire InsuranceSupreme Court of Vermont · 1902
- Carpenter v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Sowles v. Hartford Life InsuranceSupreme Court of Vermont · 1911
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
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