Gailer v. Grinnell
Supreme Court of Vermont
The following dissenting opinion of Hutchinson, J. ought to have been inserted at the end of the case in which it was pronounced. See 2 Jlihrni Rep. 349, Barnet Gailer vs. Ralph Grinnell.
1Opinion of the Court
After Justice -PhenTiss had delivered the opinion of the majority of the court,
Hutchinson, Justice,
delivered a dissenting opinion, as follows:
lam unable to concur in the' opinion now delivered. The decisions have gone quite far enough in avoiding the statute of lint-itations,-when pleaded, and, 'were the question new, I think the courts at the present day, would require the action to be brought upon the new promise upon which the plaintiff would rely, stating the consideration as the facts would warrant. But the practice has been so long settled, I am not disposed to interfere in cases that…
2Cited by1 opinion
- Baker v. ViningSupreme Judicial Court of Maine · 1849