American Express Co. v. Gray
Supreme Court of Vermont
Petition for an appeal from the judgment of a justice of the peace to the County Court. Trial by court at the December Term, 1886, Powers, J., presiding. Judgment for the petitioner. .Exceptions by the defendant. The petitioner was an express company organized in New York and doing business in Yermont. The defendant brought ■suit against one Robinson and trusteed the petitioner. The suit was returnable before a justice and the ad damnum was twenty •dollars.
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Petition for an appeal from the judgment of a justice of the peace to the County Court. Trial by court at the December Term, 1886, Powers, J., presiding. Judgment for the petitioner. .Exceptions by the defendant. The petitioner was an express company organized in New York and doing business in Yermont. The defendant brought ■suit against one Robinson and trusteed the petitioner. The suit was returnable before a justice and the ad damnum was twenty •dollars. Upon trial of this suit the principal defendant was ■defaulted and judgment rendered against him in the sum of $17.64. The petitioner…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
In Church v. French, 54 Vt. 420, it appeared that the petitionees brought suit before a justice against one-Marsh, demanding by the ad damnum in their writ $16, and sxxmmoned the petitioner as ti’ustee. Marsh did not appear and' was defaulted. The petitioner did appear and filed a specification in offset against Marsh in the sum of $32.85, which being allowed, he claimed by his disclosure would result in his owing Marsh nothing. The justice held the trustee in the sxim of’ $17.81 and refused to allow him an appeal.
In that case neither the…
2Cases cited1 opinion
- Church v. FrenchSupreme Court of Vermont · 1882
3Cited by1 opinion
- Howard & Brown v. GammonSupreme Court of Vermont · 1906