James v. Aiken
Supreme Court of Vermont
General assumpsit. Plea, the general issue and trial by jury, February term, 1874, Peck, J., presiding. The plaintiff’s testimony tended to show, that he and the defendant and Jonathan James, Jr., and one Kay, jointly purchased a patent-right of one House, for $4000; that Kay paid for his quarter at the time of the purchase, but that the plaintiff and defendant and James gave Kay their joint and several notes for $2000, and agreed to pay him $1000 down, which they did with…
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General assumpsit. Plea, the general issue and trial by jury, February term, 1874, Peck, J., presiding. The plaintiff’s testimony tended to show, that he and the defendant and Jonathan James, Jr., and one Kay, jointly purchased a patent-right of one House, for $4000; that Kay paid for his quarter at the time of the purchase, but that the plaintiff and defendant and James gave Kay their joint and several notes for $2000, and agreed to pay him $1000 down, which they did with money raised on their joint and several note at a bank ; that they then jointly purchased $900 in notes of one Badger,…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
On the plaintiff’s evidence, the purchase of House was a joint purchase on a joint consideration. When the defendant offered to show that the sale “ was made to said parties by said House ” upon false and fraudulent representations that were actionable, he offered to show that which would constitute a joint right of action in favor of the purchasers against House. 1 Chit, *27Pl. 51; Patten v. Gurney, 17 Mass. 182; Medbury et als. v. Watson, 6 Met. 246. Baker v. Jewell, 6 Mass. 460, although sometimes cited to show that a joint action cannot bo…
2Cases cited4 opinions
- Pierson v. HookerNew York Supreme Court · 1808
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
- Patten v. GurneyMassachusetts Supreme Judicial Court · 1821
- Watson v. BoylstonMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Dufur v. Boston & Maine RailroadSupreme Court of Vermont · 1903
- Town of Barton v. Town of AlbanySupreme Court of Vermont · 1936
- United States v. BaconU.S. Circuit Court for the District of Northern New York · 1877
- Verfenstein v. DeiglmayrSupreme Court of Vermont · 1940
- Worthen v. DickeySupreme Court of Vermont · 1881