Legal Opinion

Parker v. Clemons

Supreme Court of Vermont

Decided January 24, 1908PublishedCited by 4 opinions

General Assumpsit in the common money counts. Plea, the general issue. Trial by court -at the March Term, 1907, Rutland County, Waterman, J.,. presiding. Judgment for the-plaintiffs. The defendant excepted. The opinion states the case.

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General Assumpsit in the common money counts. Plea, the general issue. Trial by court -at the March Term, 1907, Rutland County, Waterman, J.,. presiding. Judgment for the-plaintiffs. The defendant excepted. The opinion states the case. “No one can consistently claim that under the general count for money had and received a recovery may be had for the use and occupation of lands, or that under a general count for goods, wares, and merchandise a recovery may be had for money paid, laid out and expended.” Wertheim, Admx. v. Fidelity & Casualty Co., 72 Vt. 326; Beech v. Dorwin, 12 Vt. 139;…

1Opinion of the CourtTyler, J.

Assumpsit with common counts; plea, the general issue. It appeared by an agreed statement of facts that the defendant was manager of a telephone company and was engaged, with an assistant, in wiring a business block in Fair Haven; that while so engaged the assistant, in the defendant’s *523absence from the room, accidentally overturned a jar of chemical fluid; that the fluid ran out, leaked through the floor.into the plaintiff’s jewelry store and injure^ various articles therein. The defendant was not employed by the telephone company, but was in charge of the work at the request of the son of…

2Cases cited2 opinions

  1. Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
  2. Bradley v. PhillipsSupreme Court of Vermont · 1880

3Cited by4 opinions

  1. Jose v. AufderheideMissouri Court of Appeals · 1926
  2. Bittner v. Boyajohn & Barr, Inc.Ohio Court of Appeals · 1935
  3. Jose v. AufderheideMissouri Court of Appeals · 1926
  4. Waite v. StanleySupreme Court of Vermont · 1914

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