Blair v. Ellsworth
Supreme Court of Vermont
Assumpsit. Heard upon the report of a referee, September Term, 1882, Royce, Ch. J., presiding. Judgment on the report for the defendant upon his plea in offset to recover the sum of $58.12. Exceptions by plaintiff. The case is stated in the opinion of the court.
1Opinion of the Court
*416The opinion of the court was delivered by
Veazey, J.
This is an action of assumpsit originally brought before a justice of the peace to recover usury claimed to have been paid by the deceased plaintiff P. 0. Wetherbee in his lifetime, to the defendant, upon some promissory notes which the former owed the latter. A trial was had before the justice and an appeal taken to the County Court; and the case was there referred. After the cause was entered in the County Court, and before the trial before the referee, the plaintiff deceased and the administrator upon his estate entered and has since…
2Cases cited4 opinions
- Glass v. BeachSupreme Court of Vermont · 1833
- Jacobs v. TolmanMassachusetts Supreme Judicial Court · 1811
- Paddock v. KittredgeSupreme Court of Vermont · 1858
- Walker v. TaylorSupreme Court of Vermont · 1871
3Cited by1 opinion
- Acme Harvesting Machine Co. v. HinkleySouth Dakota Supreme Court · 1909