Bronson v. Rugg
Supreme Court of Vermont
Assumpsit. Plea, the general issue, and trial by the court, September Term, 1886, 'Wilsou, J. presiding. It appeared that the plaintiff in March, 1861, owned seventy pelts. The defendant owned a quantity of pelts, and at the request of the plaintiff the defendant took the plaintiff’s pelts and sent theca to market with the defendant’s pelts.
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Assumpsit. Plea, the general issue, and trial by the court, September Term, 1886, 'Wilsou, J. presiding. It appeared that the plaintiff in March, 1861, owned seventy pelts. The defendant owned a quantity of pelts, and at the request of the plaintiff the defendant took the plaintiff’s pelts and sent theca to market with the defendant’s pelts. A short time after the pelts were sent to market the defendant told the plaintiff he had got returns from the men to whom the defendant sent the pelts. The plaintiff then asked the defendant what his (the plaintiff’s) pelts “ came to.” The defendant said…
1Opinion of the Court
The opinion of the 'court was delivered by
BaRRETT, J.
This court recognize the settled rule of law, that a payment made upon an existing debt cannot be recovered back by suit by the party making it, even though a judgment be taken and collected for the debt, without applying and deducting such payment. If the present case falls within that rule, it must be subjected to its operation, and the plaintiff cannot recover, however glaring the dis*244honest trick by wMck a knave may get twice over the money of bis confiding victim.
The question therefore is, whether it is shown by the exceptions, that the…
2Cited by4 opinions
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- Jewett v. WinshipSupreme Court of Vermont · 1869
- Camp v. PageSupreme Court of Vermont · 1870