Carpenter v. Welch
Supreme Court of Vermont
This was an action of general assumpsit originally commenced before a justice of the peace, and brought to this court by petition for new trial. Plea, tender and general issue, and plea of tender traversed. Trial by jury at the December Term, 1866, Steele, J., presiding. The plaintiff kept a lumber yard and wood shop in the village of St. Johnsbury. The defendant was a house joiner in said village.
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This was an action of general assumpsit originally commenced before a justice of the peace, and brought to this court by petition for new trial. Plea, tender and general issue, and plea of tender traversed. Trial by jury at the December Term, 1866, Steele, J., presiding. The plaintiff kept a lumber yard and wood shop in the village of St. Johnsbury. The defendant was a house joiner in said village. The plaintiff presented his specification of account with the defendant on which, he claimed was due September 6th, 1864, $146.34, aside from interest. The first charge on the plaintiff’s…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The action is general assumpsit, trial by jury on the general issue and plea of tender, and traverse of that plea.
It appears that the suit was commenced before a justice of the *254peace in July, 1864, returnable some day in August of that year, and continued to some day subsequent to the 6th day of the following September. The tender of $105., relied on by the defendant, was made on the 6th day of September, 1864, after the case had been entered in court and continued; and in December, 1865, the tender was received by the plaintiff. Under the…
2Cited by7 opinions
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- Oakes v. BuckmanSupreme Court of Vermont · 1913
- Grapes v. RocqueSupreme Court of Vermont · 1924
- Yearteau v. Bacon's EstateSupreme Court of Vermont · 1892
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