Hayden v. Hill
Supreme Court of Vermont
Debt on a bond in the penal sum of $2,000, executed by Charles H. Mitchell as principal and the defendants as sureties. Pleas, general issue, performance, and plea of offset.
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Debt on a bond in the penal sum of $2,000, executed by Charles H. Mitchell as principal and the defendants as sureties. Pleas, general issue, performance, and plea of offset. The case was referred, and the referee reported the following facts : On November 17, 1874, George W. Brown, acting for the plaintiff, who was then the general New England agent of the Wheeler & Wilson Manufacturing Company, at Boston, entered into an agreement with Mitchell, whereby Mitchell agreed to take the agency for the sale of sewing machines and sewing machine goods at Burlington. It was agreed that the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is upon a bond. The defendants are sureties. The facts are stated in the report of the referee. Charles H. Mitchell took the agency for selling Wheeler & Wilson’s sewing machines at Burlington, and gave this bond in the penal sum of $2,000, conditioned that said Mitchell shall: first, use all diligence and due care in the custody, sale, and leasing of'-all machines, attachments, and other goods entrusted to him, &c.; second, shall return all such property not sold or leased, when requested; third, shall account for and pay over…
2Cases cited1 opinion
- Palmer v. BaggNew York Supreme Court · 1873
3Cited by2 opinions
- Phœnix Mutual Life Insurance v. HollowaySupreme Court of Connecticut · 1884
- Standard Oil Co. v. ArnestadNorth Dakota Supreme Court · 1896