Derosia v. Ferland
Supreme Court of Vermont
General Assumpsit in the common money counts. Pleas, the general issue, payment, accord and satisfaction, a plea of estoppel by election of remedies, and a plea of estoppel by judgment. Heard on demurrers to the two last pleas, at the September Term, 1911, Franklin County, Waterman, J., presiding. Demurrers sustained, and pleas adjudged insufficient. The defendant excepted. This case has been once before in' Supreme Court; see 71 Vt. 372.
1Opinion of the CourtHaselton, J.
This is an action of special assumpsit in two counts. The defendant filed five pleas. The first three were respectively the general issue, payment, ánd accord and satisfaction. No question with reference to these is brought to this Court. The fourth plea sets out that the plaintiff cannot maintain this action because, he has elected a different remedy; and the fifth plea relies upon an estoppel by the judgment of this Court. To each of the fourth and fifth pleas the plaintiff demurred generally and specially. The demurrers were sustained and the pleas adjudged insufficient. The defendant…
2Cases cited5 opinions
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Royce v. MaloneySupreme Court of Vermont · 1886
- Stevens v. GibsonSupreme Court of Vermont · 1896
- Dunklee v. GoodenoughSupreme Court of Vermont · 1891
3Cited by3 opinions
- Ingram's Admrx. v. Rutland RailroadSupreme Court of Vermont · 1913
- Pierce v. MitchellSupreme Court of Vermont · 1914
- Hall v. DorseySupreme Court of Vermont · 1928