Bates v. Quinn
Supreme Court of Vermont
Assumpsit in common counts. Pleas, general issue, payment, accord and satisfaction and offset. Trial by court, March Term, 1882, Yeazey, J., presiding. Judgment for the plaintiffs. Both parties filed specifications. The plaintiff, A. C. Bates, was the owner of a hotel in Rutland ; his son, H. M. Bates, carried on the hardware and sacilery business in a store under the hotel ,- the defendant kppt a livery stable.
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Assumpsit in common counts. Pleas, general issue, payment, accord and satisfaction and offset. Trial by court, March Term, 1882, Yeazey, J., presiding. Judgment for the plaintiffs. Both parties filed specifications. The plaintiff, A. C. Bates, was the owner of a hotel in Rutland ; his son, H. M. Bates, carried on the hardware and sacilery business in a store under the hotel ,- the defendant kppt a livery stable. No question was made but that the suit was properly brought-in the name of A. C. Bates & Son. The exceptions stated : “ At the commencement of the trial, counsel explained, that the…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The plaintiffs sought to recover money overpaid the defendant on a settlement of mutual accounts.
*52To establish a right of recovery the plaintiff offered evidence of a special contract under which the keeping of the plaintiff’s horse by the defendant and for which, in the settlement aforesaid, the defendant had received pay, was paid for by turning over to the defendant the livery business of the plaintiff’s hotel.
The plaintiffs failed to establish this contract, and thus, so far as the consideration of that contract was involved, the defendant…
2Cited by3 opinions
- Williamson v. JohnsonSupreme Court of Vermont · 1890
- Aseltine v. PerrySupreme Court of Vermont · 1903
- McKane v. GordonSupreme Court of Vermont · 1911