Chittenden v. Hurlburt
Supreme Court of Vermont
MOTION by the plaintiff, for a new trial, founded on exceptions taken at the trial below, and certified up by the county court, as follows: This was an action of assumpsit, brought by the said Truman Chittenden, as the survivor of Giles Chittenden and Giles T. Chit-tenden, late partners, under the firm of Giles T. Chittenden & Co. [The declaration contained two counts; one for money had and received, and one for money paid, laid out and expended.] On the trial of the cause,…
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MOTION by the plaintiff, for a new trial, founded on exceptions taken at the trial below, and certified up by the county court, as follows: This was an action of assumpsit, brought by the said Truman Chittenden, as the survivor of Giles Chittenden and Giles T. Chit-tenden, late partners, under the firm of Giles T. Chittenden & Co. [The declaration contained two counts; one for money had and received, and one for money paid, laid out and expended.] On the trial of the cause, the plaintiff offered in evidence the-following order, to wit, Messrs. Giles T. Chittenden & Co. Please to pay Hollister…
1Opinion of the Court
The opinion of the Court was pronounced by
Skinner, Ch. J.
This is an action of assumpsit, brought by Truman Chittenden, surviving partner of Giles T. Chittenden &f Co. against Daniel Huriburt. The declaration contains two counts, one for money had and received, the other for money paid, laid out and expended. Upon the general issue a trial was had at the last August term of the county court. The plaintiff, in support of his claim, offered in evidence a bill of exchange of the following tenor, viz: “Messrs. Giles T. Chit-tenden & Co. please to pay Hollister & Guindan, or order, fifty pounds…
2Cases cited1 opinion
- Mandeville v. WelchSupreme Court of the United States · 1820
3Cited by1 opinion
- Fisher v. BeckwithSupreme Court of Vermont · 1846