This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 Excerpt: ...indebtedness to B. for the same work for which he was indebted to the plaintiff did not constitute a fund against which the plaintiff had a claim. But if there was any connivance on the part of the Vt. C. R. Co., or their agents in bringing about the under-estimates complained of, even if it was without the design ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 Excerpt: ...indebtedness to B. for the same work for which he was indebted to the plaintiff did not constitute a fund against which the plaintiff had a claim. But if there was any connivance on the part of the Vt. C. R. Co., or their agents in bringing about the under-estimates complained of, even if it was without the design ultimately to defraud, but only as a temporary expedient for present relief, the plaintiff would be entitled to recover of them the loss which he sustained by reason thereof. The plaintiff claimed, in his bill, that he had been under-estimated a given amount, for the payment of which he instituted the present suit; by the report of the master, the amount not estimated was found to be more than twice that amount. Held, that the plaintiff should be limited to the amount claimed in his bill. The report of a master in chancery upon the taking oan account, should contain a succint statement of all the points made by counsel, and the facts found by him upon each point. The testimony given viva voce before a master in chancery in taking an account, or a copy of it, should be returned to the court with his report. The master should also state the account at length and all the facts found by him so that they will be intelligible without reference to the testimony. OPINION. Redfield, C. J. This being a bill brought to obtain payment for work done on the Vermont Central Railway, beyond, or aside of the estimates of the engineers; and the contract, by which the company let the work to Belknap, and also that by which he underlet a portion of it to the plaintiff, containing a provision, in these words, " and the engineer shall be the sole judge of the quality and quantity of the work, and from his decision there shall be no appeal," the recovery can s...
Read Less