Legal Opinion

Ross v. Bank of Burlington

Supreme Court of Vermont

Decided December 15, 1825PublishedCited by 10 opinions

THIS was an action of assumpsit, brought to recover of the Bank of Burlington the sum of $800, said by the plaintiff to have been held by him in bills of the said bank, and to have been destroyed by fire, with the steam boat Phoenix, on Lake Champlain, on the night of the 5th of September, 1819. The plaintiff’s declaration contained four counts; the two first of which were as follows: First count.

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THIS was an action of assumpsit, brought to recover of the Bank of Burlington the sum of $800, said by the plaintiff to have been held by him in bills of the said bank, and to have been destroyed by fire, with the steam boat Phoenix, on Lake Champlain, on the night of the 5th of September, 1819. The plaintiff’s declaration contained four counts; the two first of which were as follows: First count. “To answer, &c. in a plea of the case, for that, whereas, the defendants, on the 25th day of August, 1819, at Burlington, in the said county of Chittenden, in consideration that the plaintiff before…

1Opinion of the Court

The opinion of the Court was delivered by

Hutchinson, J.

William D. Ross has declared against the President, Directors, and Company of the Bank of Burlington, in four counts. The two first are special, and the two last general, for money had and received, and for money laid out and expended. The object of the suit is to recover about $800, which the plaintiff contends he ought to recover, on the ground that he was the holder and owner of that amount, in bills of said bank, which were burnt and destroyed, with, and on board of the steam boat, on Lake Champlain, Sept. 5, 1819. The last jury trial…

2Cited by10 opinions

  1. Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
  2. White's Admrx. v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
  3. Hill v. NorthSupreme Court of Vermont · 1861
  4. In re Wells's EstateSupreme Court of Vermont · 1897
  5. Jaqueth v. Town of Guilford School DistrictSupreme Court of Vermont · 1963

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