Thayer v. Central Vermont Railroad
Supreme Court of Vermont
Assumpsit. Heard on report of referees at December Term of Orange County Court, 1885, Rowell, J., presiding. Motion to re-commit overruled and judgment on the report for the plaintiffs to recover $2942.58 as damages and costs. Exceptions by the plaintiff.
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Assumpsit. Heard on report of referees at December Term of Orange County Court, 1885, Rowell, J., presiding. Motion to re-commit overruled and judgment on the report for the plaintiffs to recover $2942.58 as damages and costs. Exceptions by the plaintiff. The motion to re-commit was on the ground “that the report finds as facts matters that are inconsistent with each other, in this ; that they find that Luke Tarbell had no other interest or rights in said 419 cords of wood than that given him in the bond from the plaintiffs ; and they find that Luke Tarbell with the knowledge and consent of…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
This is an action of assumpsit brought to recover for a quantity of wood. Trial by referees under "a rule of court and report made to the June Term, 1885, of the Orange *217County Court. At the December Term the plaintiff filed a motion to re-commit, claiming that the referees erred in disallowing his charge for 419 cords of wood which he sought to recover, they having found that the wood had been sold by one Luke Tarbell to Daniel Tarbell with the knowledge and consent of the plaintiff, and that Daniel Tarbell had sold the same to the defendant;…
2Cases cited4 opinions
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Town of Westmore v. Town of SheffieldSupreme Court of Vermont · 1883
- Fuller v. WrightSupreme Court of Vermont · 1838
- Weeks v. BarronSupreme Court of Vermont · 1866
3Cited by5 opinions
- Taft v. TaftSupreme Court of Vermont · 1907
- Lewis v. RobySupreme Court of Vermont · 1907
- Briggs v. HilesWisconsin Supreme Court · 1894
- Nicholson v. PeaseSupreme Court of Vermont · 1889
- LeBlanc v. Connecticut Valley Lumber Co.Supreme Court of Vermont · 1910