Welch & Darling v. Ricker
Supreme Court of Vermont
General Assumpsit. Plea the general issue. The defendant, Ira O. Ricker, being in insolvency, the case proceeded against B. M. Ricker alone. Trial by jury at the June Term, 1896, Caledonia County, Ross, C. J., presiding. With respect to the exception last mentioned in the opinion, the record shows that the plaintiffs offered to have the plaintiff Welch testify “that the ledger was the only book upon which the plaintiffs charged such goods as were not paid for.”
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General Assumpsit. Plea the general issue. The defendant, Ira O. Ricker, being in insolvency, the case proceeded against B. M. Ricker alone. Trial by jury at the June Term, 1896, Caledonia County, Ross, C. J., presiding. With respect to the exception last mentioned in the opinion, the record shows that the plaintiffs offered to have the plaintiff Welch testify “that the ledger was the only book upon which the plaintiffs charged such goods as were not paid for.” The court permitted the plaintiffs to show how the books were kept, but ruled that the witness could not state that the ledger entry…
1Opinion of the CourtThompson, J.
The defendant, Ira O. Ricker, being in insolvency, the case in the court below proceeded against the defendant, B. M. Ricker, alone. The plaintiffs sought to recover for the price of a quantity of feed delivered to Ira O. Ricker by virtue of certain representations made prior to delivery, by B. M. Ricker, as the plaintiffs claimed, which rightly gave them to believe and understand that he would become jointly responsible with Ira O. for the payment thereof. The defendant, B. M. Ricker, denied having made such representations and his liability to pay for the goods. The feed was delivered from…
2Cases cited12 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Armstrong v. NobleSupreme Court of Vermont · 1883
- Tenney v. HarveySupreme Court of Vermont · 1891
- Aiken v. KennisonSupreme Court of Vermont · 1886
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3Cited by2 opinions
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Farmer v. WilliamsSupreme Court of Vermont · 1918