Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, 28. köide |
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Page 16
... fraudulent . The jury returned a verdict for the defendant . W. P. Briggs for the plaintiff . Peck & Harvey for the defendant . The opinion of the court was delivered by ISHAM , J. The plaintiff claims title to the corn , for which this ...
... fraudulent . The jury returned a verdict for the defendant . W. P. Briggs for the plaintiff . Peck & Harvey for the defendant . The opinion of the court was delivered by ISHAM , J. The plaintiff claims title to the corn , for which this ...
Page 18
... fraudulent in fact ; and that , with greater certainty , would sub- ject the property to be taken as the property of Mr. Briggs . There has been no point of time , therefore , from the day when this prop- erty was first attached , on ...
... fraudulent in fact ; and that , with greater certainty , would sub- ject the property to be taken as the property of Mr. Briggs . There has been no point of time , therefore , from the day when this prop- erty was first attached , on ...
Page 33
... fraud , which partially affects the consideration of the note only , is not admissible to reduce the damages . Stone v . Peake , 16 Vt . 218. Burton v . Schermerhorn , 21 Vt . 289. The sum which the defendant could claim should be ...
... fraud , which partially affects the consideration of the note only , is not admissible to reduce the damages . Stone v . Peake , 16 Vt . 218. Burton v . Schermerhorn , 21 Vt . 289. The sum which the defendant could claim should be ...
Page 34
... frauds . Agreement not to be performed within one year . If the agreement , for the non - performance of which an action is brought , was not to be performed within one year , no recovery can be had upon it , although that which formed ...
... frauds . Agreement not to be performed within one year . If the agreement , for the non - performance of which an action is brought , was not to be performed within one year , no recovery can be had upon it , although that which formed ...
Page 35
... frauds ; but the court de- cided otherwise , and , as the defendant did not controvert any of the facts stated by the plaintiff , directed a verdict for the plaintiff . Exceptions by the defendant . T. P. Redfield for the defendant ...
... frauds ; but the court de- cided otherwise , and , as the defendant did not controvert any of the facts stated by the plaintiff , directed a verdict for the plaintiff . Exceptions by the defendant . T. P. Redfield for the defendant ...
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Common terms and phrases
action Admr adverse possession affirmed aforesaid agreement allowed amount appeared applied arbitrators assignment ASSUMPSIT attachment auditor award Bank bill Briggs chancery charge choses in action circuit session claim commenced contract county court court of chancery court of equity court was delivered creditors damages debt debtor deceased declaration decree deed defendant defendant's delivered by REDFIELD dollars entitled equity excepted execution fact favor fendant fraud guaranty held intestate judgment jurisdiction jury justice land liable lien ment mortgage Nichols notice officer opinion owner paid parties payment Peck person plaintiff plea possession premises principal probate court purchase purpose question railroad real estate recover reference regard rendered residence road settlement statute statute of frauds statute of limitations sufficient suit surety sustained taxes tending to prove Term testimony tion town trial trial by jury trustee Vermont Central Railroad widow wife writ
Popular passages
Page 191 - This opinion does not deprive the states of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Page 82 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings...
Page 62 - ... that from the mere relation of master and servant no contract, and therefore no duty, can be implied on the part of the master to cause the servant to be safely and securely carried, or to make the master liable for damage to the servant, arising from any vice or imperfection, unknown to the master, in the carriage, or in the mode of loading and conducting it.
Page 325 - Had you called the porter and he had said that, although he had no recollection of the letter in question, he invariably carried to the post office all the letters found upon the table, this might have done...
Page 591 - ... where the proceedings are not according to the course of the common law, nor inrolled , such as the county-court, courts of hundreds, court-baron, &c.
Page 185 - CP 612, is in point in a case of this kind, viz., that he "could see no difference between negligence and gross negligence; that it was the same thing with the addition of a vituperative epithet.
Page 265 - In consideration whereof the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 363 - ... the agreement is one which by the statute of frauds is required to be in writing.
Page 54 - ... proprietor of the land has a right to the advantage of the stream flowing in its natural course over his land, to use the same as he pleases, for any purposes of his own, not inconsistent with a similar right in the proprietors of the land above or below; so that, neither can any proprietor above diminish the quantity or injure the quality of the water which would otherwise naturally descend, nor can any proprietor below throw back the water without the license or the grant of the proprietor...
Page 502 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.