Hammond & Burt v. Noble
Supreme Court of Vermont
General Assumpsit. Plea, the general issue, and notice of special matter. Trial by jury, April Term, 1880, Franklin County, Royce, J., presiding. Verdict for the plaintiffs.
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General Assumpsit. Plea, the general issue, and notice of special matter. Trial by jury, April Term, 1880, Franklin County, Royce, J., presiding. Verdict for the plaintiffs. It appeared that on the 1st day of October, 1877, the Central Vermont Railroad Company was indebted to the plaintiffs in about the sum of $3,600; that the plaintiffs resided in Franklin, at quite a distance from the offices of the said railroad company; that it was the custom of said company to pay bills of the same kind as that of the plaintiffs in installments, when most convenient tó do so; that the plaintiffs had had…
1Opinion of the Court
The opixxioxx of the court was delivered by
Ross, J.
The plaixxtiffs testified that they told the defexxdant, upon the occasion when they gave him the order oxx the railroad compaxxy, “ to keep the moxxey uxxtil they called for it.” The defexxdaxxt testified that they told him *199“ to keep and use the money until they called for it.” The jury found that the plaintiffs were right in regard to the instruction given by them to the defendant on that occasion. In view of these claims and the verdict, it must be held as settled by the verdict that, under the instructions, the defendant had no right to…
2Cases cited9 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Queen v. HepburnSupreme Court of the United States · 1813
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Keenan v. StateWisconsin Supreme Court · 1859
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3Cited by5 opinions
- In re Hurlburt's EstateSupreme Court of Vermont · 1895
- Garvey v. MichaudSupreme Court of Vermont · 1936
- First National Bank v. BamforthSupreme Court of Vermont · 1916
- Richards v. MooreSupreme Court of Vermont · 1888
- Slayton v. WellsSupreme Court of Vermont · 1893