Davis v. Streeter
Supreme Court of Vermont
GENErai, Assumpsit. Pleas, the general issue and payment. Trial by jury at the March Term, 1901, Chittenden County, Start, J., presiding. Verdict for the plaintiff. Defendant’s motion for judgment non obstante overruled. Judgment on verdict. The defendant excepted. The plaintiff’s services were rendered under a special contract, and her action must be on the contract.
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GENErai, Assumpsit. Pleas, the general issue and payment. Trial by jury at the March Term, 1901, Chittenden County, Start, J., presiding. Verdict for the plaintiff. Defendant’s motion for judgment non obstante overruled. Judgment on verdict. The defendant excepted. The plaintiff’s services were rendered under a special contract, and her action must be on the contract. Camp v. Barker, 21 Vt. 469; Curtis v. Smith, 48 Vt. 116. The testimony of Mary Gokey turned out on cross-examination to be hearsay. It was not withdrawn or stricken off. It was seasonably excepted to. The remark of plaintiff’s…
1Opinion of the CourtHaselton, J.
This was an action of general assumpsit. The plaintiff was a widow with two children, and the defendant was a single man and owned a farm in Bolton upon which he lived. A transcript of the entire case was made a part of the exceptions for the purpose of showing the claims of the parties and the tendency of the evidence.
The plaintiff claimed, and there was evidence tending to show, that at some time in the fall of 1891, she went to work for the defendant, at his house, under an agreement with the defendant, to the effect, that, if she would do so, and live and work at his house, and help about…
2Cases cited17 opinions
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Derby v. JohnsonSupreme Court of Vermont · 1848
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Trow v. ThomasSupreme Court of Vermont · 1898
- Robinson v. HurstCourt of Appeals of Maryland · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- Harrington v. Rutland RailroadSupreme Court of Vermont · 1915
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Derosia v. FerlandSupreme Court of Vermont · 1910
5 more not listed; retrieve them via the Exa API.