Davis v. Farr
Supreme Court of Vermont
Assumpsit ; the action was commenced before a justice of the peace, and came to the county court by appeal. Plea, the general issue, and statute of limitations, both of which were traversed by the plaintiff. The case was tried by the court. The plaintiff claimed to recover a sum of money paid by him to one Ahnon Stoddard, on a certain note.
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Assumpsit ; the action was commenced before a justice of the peace, and came to the county court by appeal. Plea, the general issue, and statute of limitations, both of which were traversed by the plaintiff. The case was tried by the court. The plaintiff claimed to recover a sum of money paid by him to one Ahnon Stoddard, on a certain note. From the evidence in the case, the court found the following facts : The plaintiff and one David Hudson were the owners of a farm in Newark, on which farm one Lucius Denison held a mortgage to secure the payment of certain notes. In November, 1844, the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Oh. J.
This is an action of assumpsit, declaring for money paid, and also on a special contract. The consideration alleged in the special contract is the conveyance, by the plaintiff of his equity of redemption in certain premises, to one JLucius Denison, for the benefit of the defendant.
The facts proved are, that plaintiff and one Hudson were the owners of the equity of redemption, and defendant had bought Hudson’s right, by verbal contract, and gone into possession, and was carrying on the land jointly with the plaintiff. To prevent the…
2Cases cited2 opinions
- Bowen v. BellNew York Supreme Court · 1823
- Hibbard v. WhitneySupreme Court of Vermont · 1841
3Cited by4 opinions
- Hodges v. GreenSupreme Court of Vermont · 1856
- Ascutney Bank v. McK OrmsbySupreme Court of Vermont · 1856
- King v. SmithSupreme Court of Vermont · 1860
- Dyer v. GravesSupreme Court of Vermont · 1864