Boothe v. Fitzpatrick
Supreme Court of Vermont
Book Account. The auditor reported that some time prior to the last of August, 1860, the defendant’s bull was impounded ■ by one Matthew Fox in Chittenden; that said bull by some means escaped from the pound and got into the plaintiff’s pasture in Pittsford, about the 1st of September, 1860, and was kept by the plaintiff from that time until about the 20th of May following, when the defendant took him away.
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Book Account. The auditor reported that some time prior to the last of August, 1860, the defendant’s bull was impounded ■ by one Matthew Fox in Chittenden; that said bull by some means escaped from the pound and got into the plaintiff’s pasture in Pittsford, about the 1st of September, 1860, and was kept by the plaintiff from that time until about the 20th of May following, when the defendant took him away. The plaintiff did not know who was owner of the animal, when it came into his pasture as above stated, but he made frequent inquiries in order to ascertain its owner. In the latter part of…
1Opinion of the CourtPeck, J.
The defendant’s counsel, without distinction between the part of the- account that accrued before the defendant’s promise to pay, and that which accrued after, insists that the promise was made upon a past consideration and not binding, in as much as there was never any previously existing legal obligation. As to all that part of the account that accrued after the defendant made his first promise to pay for the keeping, the plaintiff’s right to recover is clear, as the subsequent keeping must be taken to have been upon the faith of that promise. When the defendant promised to take the bull…
2Cited by13 opinions
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Morgan v. KroupaSupreme Court of Vermont · 1997
- Spencer v. Potter's EstateSupreme Court of Vermont · 1911
- Edson v. PoppeSouth Dakota Supreme Court · 1910
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