Worcester & Woodruff v. Lampson
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by the court, December Term, 1882, Taft, J., presiding. Judgment for the plaintiff. The facts are sufficiently stated in the opinion of the court, except the following: The court found that Chase, the agent or bookkeeper of the plaintiffs, knew that these items (certain. ones on the plaintiffs’ specification) were not chargeable to the defendant, and that he charged them to the Windsor Mfg.
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Assumpsit. Plea, the general issue. Trial by the court, December Term, 1882, Taft, J., presiding. Judgment for the plaintiff. The facts are sufficiently stated in the opinion of the court, except the following: The court found that Chase, the agent or bookkeeper of the plaintiffs, knew that these items (certain. ones on the plaintiffs’ specification) were not chargeable to the defendant, and that he charged them to the Windsor Mfg. Co. on the account book or pass-book kept by him at the time, and putin evidence by the defendant. The plaintiffs’ attorney brought the suit in good faith, but was…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
This is an action of assumpsit. The plaintiffs presented specifications of their claims; and the items they claimed to recover for amounted when the suit was brought to over $200. The court found that a part of the items claimed belonged to another party to pay. This was the issue on the trial. The amount of the recovery was less than $200. The plaintiffs introduced no evidence for the purpose of showing that they brought the suit in good faith in the County Court; or as expressed in the bill of exceptions : “ No evidence was introduced…
2Cases cited3 opinions
- Ladd v. HillSupreme Court of Vermont · 1832
- Joyal v. BarneySupreme Court of Vermont · 1848
- Waters v. Langdon & WrightSupreme Court of Vermont · 1844
3Cited by3 opinions
- Barnard v. LeonardSupreme Court of Vermont · 1917
- Coleman v. AldrichSupreme Court of Vermont · 1889
- Reed v. WithamSupreme Court of Vermont · 1935