Webb v. Webb
Supreme Court of Vermont
Debt upon a bond, executed by the defendant to the plaintiff, and conditioned that the defendant should indemnify and save harmless the plaintiff from all debts due from the firm of G. & E. A Webb, then lately dissolved, of whichHhe parties to this action were the members.
Read the full summary
Debt upon a bond, executed by the defendant to the plaintiff, and conditioned that the defendant should indemnify and save harmless the plaintiff from all debts due from the firm of G. & E. A Webb, then lately dissolved, of whichHhe parties to this action were the members. The declaration assigned the breaches as follows; “ and¡the plaintiff saith, that, at the time of the making said writing obligatory, to wit, &c., said co-partnership was indebted to the firm of White & Reed in the sum of forty dollars, and to the firm of Smith & Dana in the sum of eight hundred dollars, and to the firm of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the present case is in regard to the right of the plaintiff to recover more than nominal damages on the state of the pleadings. In this case the breaches were assigned in the declaration. The defendant pleaded, as he must, so as to meet the specific breaches assigned; — but, as he chose to give no evidence in support of his plea, the case stands the same as if he had suffered default, or had demurred, or let judgment pass by nil dicit. In the present case the breaches are assigned in general terms, and in round numbers.,
2Cases cited3 opinions
- Foster v. SmithNew York Supreme Court · 1833
- Bates v. LoomisNew York Supreme Court · 1830
- Hackley v. HastieNew York Supreme Court · 1808
3Cited by9 opinions
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Dubaniewicz v. HoumanSupreme Court of Vermont · 2006
- Yatter v. MillerSupreme Court of Vermont · 1888
- Sweet v. McDanielsSupreme Court of Vermont · 1867
- Rollins v. ChalmersSupreme Court of Vermont · 1879
4 more not listed; retrieve them via the Exa API.