Brown v. Hitchcock
Supreme Court of Vermont
Assumpsit, the declaration being as follows, with the addition of the common counts. “ In a plea of the case, for that the defendant, at said Halifax, on the 5th day of January, A. D. 1850, in consideration that the plaintiff would furnish him, the defendant, palmleaf, to wit, seven hundred and fifty-six pounds, at said Halifax, he, the defendant, undertook and promised the plaintiff to get 'the said palmleaf worked into hats as soon as he, the defendant, should have worked…
Read the full summary
Assumpsit, the declaration being as follows, with the addition of the common counts. “ In a plea of the case, for that the defendant, at said Halifax, on the 5th day of January, A. D. 1850, in consideration that the plaintiff would furnish him, the defendant, palmleaf, to wit, seven hundred and fifty-six pounds, at said Halifax, he, the defendant, undertook and promised the plaintiff to get 'the said palmleaf worked into hats as soon as he, the defendant, should have worked up what leaf he then had on hand; and the plaintiff avers that he did deliver said palmleaf to the defendant, at said…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The declaration in this case contains two special counts in assumpsit, and also the general counts. The contract was read in evidence, on the trial of the case, without objection. It appears from the case, that the defendant received from the plaintiff seven hundred and fifty-six pounds of palmleaf, under an agreement to manufacture it into hats as soon as he had worked up the material he then had on hand, or to return it to the plaintiff when called for. If the leaf was manufactured, it was to be accounted for at different prices. The leaf…
2Cited by7 opinions
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915
- Rea v. HarringtonSupreme Court of Vermont · 1885
- State v. FreemanSupreme Court of Vermont · 1891
- Parker & Updegraff v. Union Ice & Salt Co.Supreme Court of Kansas · 1898
- Curtis v. BurdickSupreme Court of Vermont · 1876
2 more not listed; retrieve them via the Exa API.