Kent v. Batchelder
Supreme Court of Vermont
General Assumpsit. Among other pleas not here involved, the defendant pleaded the Statute of Limitations. Replication of the matter recited in the opinion. Heard- on demurrer to the replication, at the April Term, 1914, Windham County, Stanton, J., presiding. Demurrer overruled and replication adjudged sufficient, to which the defendants excepted. The opinion states the case.
1Opinion of the CourtTaylor, J.
The action is general assumpsit to recover a balance claimed to be due for services. The defendants pleaded the Statute of Limitations. The plaintiff replied, in avoidance of the bar of the statute, in substance, that at the April Term, 1910, of Windham county court an action was brought by E. S. Hill against Leslie Stratton, one of these defendants, and Holden and Martin, trustees; that he duly appeared therein for the purpose of making claim to the funds in the hands of the trustees and was thereupon made a party in said cause; that the cause was referred to a commissioner who, after full…
2Cases cited2 opinions
- Spear v. CurtisSupreme Court of Vermont · 1867
- Poland v. Grand Trunk Rail RoadSupreme Court of Vermont · 1874
3Cited by1 opinion
- Johnson v. Wells-Lamson Quarry Co.Supreme Court of Vermont · 1931