Langdon & Ainsworth v. Bowen
Supreme Court of Vermont
General assumpsit. Plea, tbe general issue, and trial by the court, March term, 1873, Wheeler, J., presiding. In 1867, the plaintiffs, who resided in Castleton, commenced sending flour to the defendant,' who resided at Ascutneyville, in Windsor, to sell for them on commission, and to receive the avails thereof for them; and they also sent him flour which they sold him on credit.
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General assumpsit. Plea, tbe general issue, and trial by the court, March term, 1873, Wheeler, J., presiding. In 1867, the plaintiffs, who resided in Castleton, commenced sending flour to the defendant,' who resided at Ascutneyville, in Windsor, to sell for them on commission, and to receive the avails thereof for them; and they also sent him flour which they sold him on credit. The defendant received and sold the flour sent him on commission, and received the avails thereof; and also ■received the flour that was sold to him on credit, and from time to time sent money to the plaintiffs, until…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, Ch. J.
The application of the payments made by the defendant, is material in this case, only as it bears upon the question as to the legality of the action of the ' court below in granting the certificate that the cause of action arose from the willful and malicious act or neglect of the defendant, and that he ought to be confined in close jail. It appears that a part of. the plaintiffs’ claim consists of moneys of the plaintiffs received by the defendant from time to time in a fiduciary capacity, and a part for goods sold and delivered. Upon…
2Cited by4 opinions
- In re StevensDistrict Court, D. Vermont · 1901
- Black Diamond Coal Co. v. O'NeilDistrict Court, N.D. California · 1894
- In re StevensDistrict Court, D. Vermont · 1900
- Miller v. . WombleSupreme Court of North Carolina · 1898