Morse v. Beers
Supreme Court of Vermont
Assumpsit. The original declaration consisted of a single count on an award. Plea, general issue, with notice of payment and offset. The case was referred by consent, the rule of reference ordering that the cause “ be referred to the determination ” of the referee, and that his report should “ be final and conclusive between the parties.” At the hearing the plaintiff moved to amend by adding the common counts, ánd the amendment was allowed.
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Assumpsit. The original declaration consisted of a single count on an award. Plea, general issue, with notice of payment and offset. The case was referred by consent, the rule of reference ordering that the cause “ be referred to the determination ” of the referee, and that his report should “ be final and conclusive between the parties.” At the hearing the plaintiff moved to amend by adding the common counts, ánd the amendment was allowed. The plaintiff’s specification consisted of the sum awarded, half of the arbitrators’ fees, the sum of 142 for the keeping of horses, and numerous other…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
Upon the hearing before the referee, the plaintiff was allowed to amend his declaration by adding thereto the general or common counts. This the referee had no authority to do ; but the defendant was not prejudiced thereby, as the referee found that the plaintiff was entitled to recover only upon the original count in the declaration.
When a cause is referred by consent of counsel, as this one was, no amendment of the declaration is necessary, to enable the plaintiff to make such proof as he would be entitled to make under any amendment that…
2Cases cited1 opinion
- Griffin v. Champlain Mutual Fire InsuranceSupreme Court of Vermont · 1878
3Cited by5 opinions
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- Thompson v. WarnerSupreme Court of Vermont · 1890
- Craigue v. HallSupreme Court of Vermont · 1901