Ray v. Tubbs
Supreme Court of Vermont
Assumpsit on a promissory note. The case was referred, and the referee reported substantially as follows: A short time before October 26, 1872, the defendant, a resident of New York, being on a visit in and about Guilford, hired a horse of the plaintiff, who was keeper of a livery stable in Brattleboro, agreeing not to drive it beyond Greenfield, Massachusetts.
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Assumpsit on a promissory note. The case was referred, and the referee reported substantially as follows: A short time before October 26, 1872, the defendant, a resident of New York, being on a visit in and about Guilford, hired a horse of the plaintiff, who was keeper of a livery stable in Brattleboro, agreeing not to drive it beyond Greenfield, Massachusetts. On Saturday, October 26, the defendant returned the horse to the plaintiff, for the reason, as he alleged, that it was sick, and exchanged it for another horse with which to finish his visits. The plaintiff testified that the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The referee has found that when the defendant hired the first horse of the plaintiff, it was understood and agreed between the parties that the horse should not be driven any further from Brattleboro than Greenfield, and that the horse he first *694hired was exchanged for the one that subsequently died, for the reason as given by the defendant that the horse he first hired was sick.
The referee has not found expressly that there was any agreement made between the parties upon the occasion of the defendant’s taking the second horse, as to where, and…
2Cases cited3 opinions
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
- Green v. SperrySupreme Court of Vermont · 1844
- Bradley v. PrattSupreme Court of Vermont · 1851
3Cited by4 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Swoboda v. NowakMissouri Court of Appeals · 1923
- Empire Refineries, Inc. v. Guaranty Trust Co.Court of Appeals for the Eighth Circuit · 1921
- Churchill v. WhiteNebraska Supreme Court · 1899