Walker v. Taylor
Supreme Court of Vermont
Assumpsit for money had and received. Plea, non assumpsit. Trial by jury, May term, 1870, Barrett, J., presiding. The plaintiff gave in evidence a certificate of the mustcr-in of the intestate, a power of attorney by him to the defendant to receive payment of the town bounty of $500, from the town of Rockingham, and a receipt signed by the defendant, showing the payment to him of said $500 town bounty, December 11, 1863. It was shown and conceded, that there was paid to the…
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Assumpsit for money had and received. Plea, non assumpsit. Trial by jury, May term, 1870, Barrett, J., presiding. The plaintiff gave in evidence a certificate of the mustcr-in of the intestate, a power of attorney by him to the defendant to receive payment of the town bounty of $500, from the town of Rockingham, and a receipt signed by the defendant, showing the payment to him of said $500 town bounty, December 11, 1863. It was shown and conceded, that there was paid to the plaintiff by Cross & Abbott, through the quartermaster’s .office, about the time of said muster-in, the sum of $325, on…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
Upon the trial of this case- in the county court the question to be determined was, whether the defendant *615had received money to the use of, and which he had undertaken to pay to Guy B. Walker, the plaintiff’s intestate, or not.
When the plaintiff had proved and put in evidence the power of attorney, or order, executed by the intestate to the defendant, which authorized the defendant to receive of the selectmen of Rockingham five hundred dollars expressed to be due to the intestate from the town of Rockingham, and had proved and put in…
2Cited by2 opinions
- Melendy v. Clark P.Supreme Court of Vermont · 1881
- Blair v. EllsworthSupreme Court of Vermont · 1883