Johnson v. Paine
Supreme Court of Vermont
Assumpsit, based on P. S. 1534, against the surviving member of an unincorporated association. Plea, the general issue. Trial by court at the June Term, 1909, Windsor County, Hall, J., presiding. Judgment for the plaintiff to recover the unpaid balance of his judgment. The defendant excepted. The Union Agricultural Society was formed for the purpose of promoting agricultural interests and holding an annual fair at Tunbridge, Vermont.
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Assumpsit, based on P. S. 1534, against the surviving member of an unincorporated association. Plea, the general issue. Trial by court at the June Term, 1909, Windsor County, Hall, J., presiding. Judgment for the plaintiff to recover the unpaid balance of his judgment. The defendant excepted. The Union Agricultural Society was formed for the purpose of promoting agricultural interests and holding an annual fair at Tunbridge, Vermont. A new constitution was adopted by the society February 1, 1876. This was amended in 1878 by changing the time of holding the annual meeting from February to…
1Opinion of the CourtWatson, J.
This action, based upon P. S. 1534, is to recover the amount unpaid upon a judgment recovered by the plaintiff against the Union Agricultural Society, an unincorporated association, of the defendant Paine, as a member thereof.
The judgment against the society is conclusive, as to all matters involved in the suit, upon all persons who were members of the association when the liability merged in the judgment was created. Hence liability of the defendant in the action before us depends upon whether he was such a member. Patch Mfg. Co. v. Capeless, 79 Vt. 1.
There were two methods of becoming a…
2Cases cited4 opinions
- F. R. Patch Manufacturing Co. v. CapelessSupreme Court of Vermont · 1906
- Smith v. HollisterSupreme Court of Vermont · 1860
- Tarbell & Whitham v. GiffordSupreme Court of Vermont · 1909
- Tenney, Ballister & Co. v. New England Protective Union, Division No. 172Supreme Court of Vermont · 1864
3Cited by7 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Daniels v. Elks Club of Hartford and the Human Rights CommissionSupreme Court of Vermont · 2012
- Lynch's Admr. v. MurraySupreme Court of Vermont · 1912
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912
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