Wright v. McKee
Supreme Court of Vermont
Trover, with a count in trespass for a package of money. On the trial tlie plaintiff filed the following new count by leave of the court: “ Now comes the plaintiff in the above entitled cause, and in a plea of the case declares and says that heretofore, to wit: on the 7th day of December, A. D. 1861, the defendant, who was a jobman in Montpelier, in said county, undertook safely, securely and promptly to deliver a certain package of money, the property of the plaintiff, from…
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Trover, with a count in trespass for a package of money. On the trial tlie plaintiff filed the following new count by leave of the court: “ Now comes the plaintiff in the above entitled cause, and in a plea of the case declares and says that heretofore, to wit: on the 7th day of December, A. D. 1861, the defendant, who was a jobman in Montpelier, in said county, undertook safely, securely and promptly to deliver a certain package of money, the property of the plaintiff, from the residence of the plaintiff in said Montpelier, to one Rawsel R. Keith, in said Montpelier. And the plaintiff avers…
1Opinion of the CourtAldis, J.
The plaintiff delivered to the defendant a package of ■bank bills and silver^ — in value $48.86 — to carry to Mr. Keith, From the time the defendant took it till he delivered it to Keith it was always in the defendant’s possession. He claims to have delivered it to Keith just as he took it. When Keith opened the package there was nothing but waste paper in it. The conclusion seems irresistible that either the defendant stole the money from the package, or that the plaintiff did not put it in. The defendant and plaintiff differ upon one point. The plaintiff says she and the defendant together…
2Cases cited4 opinions
- Mead v. DegolyerNew York Supreme Court · 1837
- Humphrey v. HumphreySupreme Court of Connecticut · 1828
- Ruan v. PerryNew York Supreme Court · 1805
- Anderson's Executors v. LongSupreme Court of Pennsylvania · 1823
3Cited by18 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Gebhart v. BurkettIndiana Supreme Court · 1877
- Fahey v. CrottyMichigan Supreme Court · 1886
- Heneky v. SmithOregon Supreme Court · 1882
- Norris v. Stewart's HeirsSupreme Court of North Carolina · 1890
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