Legal Opinion

Wainwright v. Straw

Supreme Court of Vermont

Decided January 15, 1843PublishedCited by 13 opinions

This was an action of assumpsit, brought to the county court by appeal, in which the plaintiffs declared in two counts upon a note of hand, of which the following is a literal copy.

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This was an action of assumpsit, brought to the county court by appeal, in which the plaintiffs declared in two counts upon a note of hand, of which the following is a literal copy. “For value received, we jointly and severly promis to ‘ pay J. & Wainwright or order, thirty eight dollars and 1 fifty four cents worth cattle in one from the first of Oct. next, ‘ cattle over eight'years, bulls and stags exemt, or merchble ‘ grain by the firs of January following, with use, payable at ‘ R. Russels now dwelling house.” Cyrus G. Straw. Richmond, May 5, 1838. War. Cunningham. The first count…

1Opinion of the Court

*219The opinion of the court was delivered by

Bennett, J.

This is an action of assumpsit, upon a special promise, and the declaration also has a general count. The recovery was upon the general count. The case has been defended with zeal and ability, and all has been made out of the defence, which the case was susceptible of, but the court are not convinced that there was error in the proceedings of the county court.

The deposition of Brown states, in substance, that both the defendants applied to him to buy a stove for Straw’s use, and that the witness, as the agent of the plaintiffs, sold them one…

2Cited by13 opinions

  1. Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
  2. Gibbs v. BlanchardMichigan Supreme Court · 1867
  3. May v. RobertsSupreme Court of Oklahoma · 1911
  4. Perry v. SmithSupreme Court of Vermont · 1850
  5. Boyce v. MurphyIndiana Supreme Court · 1883

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