Legal Opinion

Stone v. Tupper

Supreme Court of Vermont

Decided February 15, 1886PublishedCited by 8 opinions

Assumpsit. Trial by jury, December Term, 1885, Taft, J., presiding. Judgment for the plaintiff. The plaintiff’s evidence tended to show, that he, at defendant’s request, went to work for him in his livery stable, in Windsor, and worked the most of the time from April, 1878, to December 12, 1883, without any c.ontract as to wages, but that defendant told him it would be all right; that in August, 1880, he had a chances to go to work for one Morgan, in another livery stable in…

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Assumpsit. Trial by jury, December Term, 1885, Taft, J., presiding. Judgment for the plaintiff. The plaintiff’s evidence tended to show, that he, at defendant’s request, went to work for him in his livery stable, in Windsor, and worked the most of the time from April, 1878, to December 12, 1883, without any c.ontract as to wages, but that defendant told him it would be all right; that in August, 1880, he had a chances to go to work for one Morgan, in another livery stable in the same village, and that he, plaintiff, told this to the defendant, etc.; that he was an efficient laborer about the…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

There was no error in admitting plaintiff’s testimony that Morgan offered him a job, of which he told defendant, and that defendant told him he would do as well by him as Morgan, although it did not appear that Morgan offered to pay plaintiff wages, nor what his offer was. The testimony was proper in kind, but did not go far enough to avail plaintiff anything.

Considering the character of the paper of December 12, 1883, it was not error to exclude the testimony offered to show that plaintiff made no effort to get another place before signing…

2Cases cited2 opinions

  1. Sturgis v. KnappSupreme Court of Vermont · 1860
  2. State v. GlynnSupreme Court of Vermont · 1879

3Cited by8 opinions

  1. Batchelder v. MantakSupreme Court of Vermont · 1978
  2. Watriss v. TrendallSupreme Court of Vermont · 1901
  3. Dougherty v. WhiteSupreme Court of Delaware · 1911
  4. Lau Fook Kau v. United StatesCourt of Appeals for the Ninth Circuit · 1929
  5. Page v. HazeltonSupreme Court of New Hampshire · 1907

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