Parker v. Clemons
Supreme Court of Vermont
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.
Read the full summary
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
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Bradley v. PhillipsSupreme Court of Vermont · 1880
3Cited by4 opinions
- Jose v. AufderheideMissouri Court of Appeals · 1926
- Bittner v. Boyajohn & Barr, Inc.Ohio Court of Appeals · 1935
- Jose v. AufderheideMissouri Court of Appeals · 1926
- Waite v. StanleySupreme Court of Vermont · 1914