Collamer v. Day
Supreme Court of Vermont
This was an action of trover, brought up frbm the County Court for the revisión of thelt decision presented in the following case, agreed to by the parties, to wit: “ In this action, plaintiff offered to prove, at the trial, that, on the day mentioned in the declaration, the plaintiff and defendant were together in the office of Jacob Collamer, at Royalton — that while there, a gentleman passed in a chaise .* when defendant ashed, whose chaise is that ? Plaintiff answered,…
Read the full summary
This was an action of trover, brought up frbm the County Court for the revisión of thelt decision presented in the following case, agreed to by the parties, to wit: “ In this action, plaintiff offered to prove, at the trial, that, on the day mentioned in the declaration, the plaintiff and defendant were together in the office of Jacob Collamer, at Royalton — that while there, a gentleman passed in a chaise .* when defendant ashed, whose chaise is that ? Plaintiff answered, Dr. Denison’s. Defendant said no, it is not Denison’s chaise : I will bet my watch against yours that it is not Denison’s…
1Opinion of the Court
The opinion of the Court was delivered by
Hutchinson, J. —
Nothing appears in this case, but that the action would be maintainable by the common law of England. The common law is adopted by our statute, so far, and so far only, as the same is applicable to our local situation and circumstances, and is not repugnant to the constitution, or to any act of the legislature, of this state. Whether applicable, or not, must necessarily be a question of judicial decision : and this is, probably, the first action, that has ever called upon a court in this state to sanction such a contract of betting. The…
2Cited by8 opinions
- Cothran v. EllisIllinois Supreme Court · 1888
- Love v. HarveyMassachusetts Supreme Judicial Court · 1873
- Swift v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1846
- Noyes v. SpauldingSupreme Court of Vermont · 1855
- Monroe v. SmellyTexas Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.