St. Albans Steam Boat Co. v. Wilkins
Supreme Court of Vermont
This was an action of assumpsit for money bad and received, commenced in the county court. Plea, non-assumpsit and trial by jury. It appeared in evidence, that on the 2d day of March, 1830, the defendant was appointed by the plaintiffs captain of their steam-boat McDonough, and they sought to recover monies received by him as captain under said appointment.
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This was an action of assumpsit for money bad and received, commenced in the county court. Plea, non-assumpsit and trial by jury. It appeared in evidence, that on the 2d day of March, 1830, the defendant was appointed by the plaintiffs captain of their steam-boat McDonough, and they sought to recover monies received by him as captain under said appointment. From the course of the trial, the attention of the court and jury became confined to a single subject of' dispute, viz, a sum of two hundred and forty dollars, claimed and retained by defendant for his services. The plaintiff introduced…
1Opinion of the Court
The opinion of the court was delivered by
Redfield., J.
The defendant having retained his full year’s pay, the plaintiffs claim to recover all or a portion of the sum retained, in consequence of the defendant not having performed the contract on his part.
The court below charged the jury, that the plaintiffs might recover of the defendant, for so much money as he had retained above his monthly stipend, for the time he was in plaintiffs’ employ, provided they found the fact that the hiring was by the month.— But they are instructed, that if the hiring was by the year, at a *56stated salary of $240,…
2Cases cited2 opinions
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Jennings v. CampNew York Supreme Court · 1816
3Cited by4 opinions
- Booth v. TysonSupreme Court of Vermont · 1843
- Jones v. MarshSupreme Court of Vermont · 1850
- Jordan v. FitzSupreme Court of New Hampshire · 1884
- Green v. HulettSupreme Court of Vermont · 1850