Boright v. Williams
Supreme Court of Vermont
Assumpsit for the price of three carloads of hay. The defendant was a non-resident of this State at the time this process was served. Service was made on an alleged agent of the defendant, who appeared specially and pleaded in abatement that when service was made the person served was not his agent, and thereafter also moved to dismiss the writ for that reason, and for lack of jurisdiction. The motion was overruled, to which the defendant excepted.
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Assumpsit for the price of three carloads of hay. The defendant was a non-resident of this State at the time this process was served. Service was made on an alleged agent of the defendant, who appeared specially and pleaded in abatement that when service was made the person served was not his agent, and thereafter also moved to dismiss the writ for that reason, and for lack of jurisdiction. The motion was overruled, to which the defendant excepted. Issue joined on the plea in abatement. Trial by jury at the March Term, 1913, Franklin County, Miles, J., presiding. Verdict for the plaintiff,…
1Opinion of the CourtPowers, C. J.
This is an action of assumpsit brought to recover the purchase price of three car loads of hay, alleged to have been sold'by the plaintiff to the defendant. The defendant, appearing specially for that purpose, pleaded in abatement for lack of sufficient service. This was on July 30, 1912. The defendant was a non-resident, and alleged in his plea that Austin T. Booth, upon whom as his agent service had been made, was not his agent at the time, and issue was joined on this averment.
On March 31, 1913, the defendant moved to dismiss the writ for lack of sufficient service and for lack of…
2Cases cited5 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Culver v. BalchSupreme Court of Vermont · 1851
- Noyes v. Village of Hyde ParkSupreme Court of Vermont · 1901
- Town of Jericho v. Town of UnderhillSupreme Court of Vermont · 1892
- Town of Jericho v. Town of UnderhillSupreme Court of Vermont · 1894
3Cited by9 opinions
- O'BRIEN v. Comstock Foods, Inc.Supreme Court of Vermont · 1963
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- State v. Van NessSupreme Court of Vermont · 1938
- Krinsky v. Stevens Coal Sales Co.Massachusetts Supreme Judicial Court · 1941
- Andrew v. Buck, Apt.Supreme Court of Vermont · 1924
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