Spear's Admr. v. Armstrong
Supreme Court of Vermont
General Assumpsit. ' Heard at the June Term,-1911, Windsor County, Butler, J., presiding, on defendants’ motion to dismiss the amended declaration for that it introduces a new cause of action. Motion overruled, on the finding, from evidence outside the record, that the original and amended declarations are for the same cause of action. The defendants excepted. The opinion states the case.
1Opinion of the CourtHaselton, J.
This was an action of general assumpsit which came into the county court on appeal. The original declaration set up the plaintiff as George Messenger “administrator of all and singular the goods and chattels, rights and credits, which were of one F. E. Spear, deceased, at the time of his death, who died intestate.” The original declaration was in the common counts only and the usual form was used without change, so that the promises counted on were represented as made to the plaintiff rather than to his intestate in consideration of ah indebtedness of the defendants to the plaintiff rather…
2Cases cited13 opinions
- Daley v. GatesSupreme Court of Vermont · 1893
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Carpenter v. GookinSupreme Court of Vermont · 1829
- Hill v. SmithSupreme Court of Vermont · 1861
- Davis's Admx. v. Rutland RailroadSupreme Court of Vermont · 1909
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3Cited by1 opinion
- Green v. LaClairSupreme Court of Vermont · 1915