Danforth v. Streeter
Supreme Court of Vermont
Assumpsit for mciney liad and received. The action was originally commenced before a justice of the peace, and came to the county court by appeal.
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Assumpsit for mciney liad and received. The action was originally commenced before a justice of the peace, and came to the county court by appeal. Plea, the general issue; trial by jury, May Term, 1855, — Underwooí), d., presiding, The plaintiff gave evidence tending to prove that, in the early part of the year 1850, a suit was commenced before a justice of the peace, by William W. Myrick against Minot Wheeler, to recover the value of á horse; that the defendant, who was an .attorney at law, was employed by Myrick to commence and prosecute said suit; that before the justice, a verdict was…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
This is an action of assumpsit for money had and received. Upon the trial it seemed, from the*proof, that the plaintiff might have been entitled to recover a few dollars beyond the amount of the justice’s jurisdiction, if he had brought his suit in the county court, and for this reason the defendant moved to dismiss the action. This motion, we think, was correctly overruled. The action being an open action, the plaintiff may, if he choose, reduce his claim in the writ below $ 100, at his election.. The identity of the claim does not…
2Cases cited2 opinions
- Edwards v. ParkhurstSupreme Court of Vermont · 1849
- Herren v. CampbellSupreme Court of Vermont · 1846
3Cited by18 opinions
- Duke v. HarperSupreme Court of Missouri · 1877
- Rudd v. RoundsSupreme Court of Vermont · 1892
- Mossman v. Hawaiian GovernmentHawaii Supreme Court · 1896
- Richardson v. RowlandSupreme Court of Connecticut · 1873
- Dorwin v. SmithSupreme Court of Vermont · 1862
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