Derosia v. Ferland
Supreme Court of Vermont
General Assumpsit in tbe common money counts. Plea, tbe general issue. Trial by jury at tbe September Term, 1909, Franklin County, Butler, J., presiding. Verdict and judgment lor tbe plaintiff. The defendant excepted. Tbe opinion states tbe case. In order to recover for wages under this declaration, plaintiff must show that be has actually performed tbe service for which be claims pay, constructive service is not available. Curtis V. Smith, 48 Vt. 116; 1 Greenl.
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General Assumpsit in tbe common money counts. Plea, tbe general issue. Trial by jury at tbe September Term, 1909, Franklin County, Butler, J., presiding. Verdict and judgment lor tbe plaintiff. The defendant excepted. Tbe opinion states tbe case. In order to recover for wages under this declaration, plaintiff must show that be has actually performed tbe service for which be claims pay, constructive service is not available. Curtis V. Smith, 48 Vt. 116; 1 Greenl. Ev. §66; Clark v. Gray, 6 East 564; Gwinnett v. Phillips, 3 T. R. 643; 2 Saunders, 350, note (2) ; Bradley V. Phillips, 52 Vt. 517.…
1Opinion of the CourtWatson, J.
The declaration is common counts in assumpsit. Plea, the general issue.
The plaintiff claimed and his evidence tended to show that on August 12, 1907, he made a contract with the defendant whereby he was to work for the defendant as clerk and salesman in his store at Highgate Center for the term of one year from that date for the sum of four hundred sixty-eight dollars, payable in installments of nine dollars per week, with the agreement that he should be given employment for the full term; that when the plaintiff had worked eight and one-half weeks the defendant sold his stock in the store to…
2Cases cited13 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Rhoads v. Chicago & Alton RailroadIllinois Supreme Court · 1907
- Derby v. JohnsonSupreme Court of Vermont · 1848
- White v. Lumiere North American Co.Supreme Court of Vermont · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Sparrow v. WatsonSupreme Court of Vermont · 1914
- In re Appeal of H.H.Supreme Court of Vermont · 2020
13 more not listed; retrieve them via the Exa API.