Fullam v. Cummings
Supreme Court of Vermont
Trover for certain copies of book accounts. Plea, the general issue, and trial by jury. On trial, the plaintiff, to sustain the issue upon his part, gave evidence tending to prove that he, in 1838, with the consent of the defendant, made copies of large accounts which the defendant, and the firms of which the defendant was a member, had against him, for the purpose of ascertaining whether said accounts were correct, and of making a settlement of said accounts with the…
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Trover for certain copies of book accounts. Plea, the general issue, and trial by jury. On trial, the plaintiff, to sustain the issue upon his part, gave evidence tending to prove that he, in 1838, with the consent of the defendant, made copies of large accounts which the defendant, and the firms of which the defendant was a member, had against him, for the purpose of ascertaining whether said accounts were correct, and of making a settlement of said accounts with the defendant; that the plaintiff retained said copies in his possession for a few weeks, when the plaintiff came to him and told…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This case is brought here on exceptions to the charge of the judge. The charge, in substance, was, that if the plaintiff owned the paper in question, and it was of any value, he was entitled to recover such value with the interest; but if he did not own it, or if it was of no value, he could not recover. Under this charge the jury returned a verdict for the defendant.
The case would seem to be of such trifling importance, that a new trial would probably be refused upon motion or petition. But it has long been settled,, that when a case is…
2Cases cited1 opinion
- Birney v. MartinSupreme Court of Vermont · 1831
3Cited by6 opinions
- Payne v. ElliotCalifornia Supreme Court · 1880
- Vaughn v. WrightSupreme Court of Georgia · 1913
- Allen v. Bagley and F. H. Sav. L. Assn.Missouri Court of Appeals · 1939
- Long v. McIntoshSupreme Court of Georgia · 1907
- Moody v. DrownSupreme Court of New Hampshire · 1876
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