Stiles v. Town of Danville
Supreme Court of Vermont
Assumpsit for a town bounty. Plea, the general issue, and uotice of payment of $500 in full of plaintiff’s claim. Trial by •jury, August term, Caledonia county, 1869, Steele, J., presiding. Verdict for the plaintiff, for $200 and interest. The plaintiff’s enlistment, service and credit to the town of Danville under the call of July, 18, 1864, were regular.
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Assumpsit for a town bounty. Plea, the general issue, and uotice of payment of $500 in full of plaintiff’s claim. Trial by •jury, August term, Caledonia county, 1869, Steele, J., presiding. Verdict for the plaintiff, for $200 and interest. The plaintiff’s enlistment, service and credit to the town of Danville under the call of July, 18, 1864, were regular. The plaintiff’s evidence tended to prove that the plaintiff was procured to enlist by William L. Trussell, who was acting as .an agent of the town of Danville in filling their quota under said call, in accordance with the vote of the town,…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
The objection, that the plaintiff cannot recover in this case by reason of his being a minor at the time of his enlistment into the United States’ service, is not well taken. This question was before this court and decided in the case of Baker v. Baker, 41 Vt., 55, and the decision in-that case must govern this.
*286The declarations of Trussell, we think, were properly excluded. The declarations were made long after the contract, to which they related, was made, and long after his agency had ceased. The plaintiff was not present, and had no…
2Cases cited2 opinions
- Baker v. BakerSupreme Court of Vermont · 1868
- Haven v. Town of LudlowSupreme Court of Vermont · 1868
3Cited by1 opinion
- Taplin v. MarcySupreme Court of Vermont · 1908