Nye v. Merriam
Supreme Court of Vermont
Case for fraud in cheating in.weighing a quantity of butter sold by the plaáptm to the defendant. The defendant pleaded the general issue, with notice of special matter in defence, and the case was tried by jury at the June Term, 1861, in Orleans county, Poland, Ch. J., presiding.
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Case for fraud in cheating in.weighing a quantity of butter sold by the plaáptm to the defendant. The defendant pleaded the general issue, with notice of special matter in defence, and the case was tried by jury at the June Term, 1861, in Orleans county, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove that about the middle of October, 1858, he sold to the defendant eleven tubs of butter at the price of eighteen and one-half cents per pound, to be delivered by the plaintiff in Barton, the defendant paying the plaintiff $33 towards the same before the delivery ; that'about…
1Opinion of the CourtAldis, J.
The jury have found that the defendant attempted to cheat the plaintiff in the weight of his butter ; that he reported the weight to the plaintiff’s father, and marked the tubs at from twenty to thirty pounds less than the true weight. The plaintiff was not present when the butter was weighed, and therefore had to rely on the paper the defendant gave his father containing the figures of the weight.
I. If the plaintiff settled with the defendant for the butter upon the basis of the weight as reported by the defendant, and afterwards discovered the fraud, he would, it is admitted, be entitled to…
2Cited by20 opinions
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- Pegram v. StortzWest Virginia Supreme Court · 1888
- Fly Fish Vermont, Inc. v. Chapin Hill Estates, Inc.Supreme Court of Vermont · 2010
- State v. SlackSupreme Court of Vermont · 1897
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