Connecticut & Passumpsic Rivers Railroad v. Bates
Supreme Court of Vermont
Assumpsit. The declaration set forth that in consideration that the plaintiff promised the defendant to extend its railroad from St. Jolmsbury to the north line of' (his State, in the town of Derby, the defendant made the following written promise to the plaintiff, viz : “ Connecticut & Passumpsic Rivers Railroad Company.
Read the full summary
Assumpsit. The declaration set forth that in consideration that the plaintiff promised the defendant to extend its railroad from St. Jolmsbury to the north line of' (his State, in the town of Derby, the defendant made the following written promise to the plaintiff, viz : “ Connecticut & Passumpsic Rivers Railroad Company. Whereas the Connecticut & Passumpsic Rivers Railroad Company propose to extend said road from St. Jolmsbury to the town of Derby, if means can be obtained for that object, now for the purpose of extending said railroad we the subscribers agree to associate ourselves with the…
1Opinion of the CourtBarrett, J.
This suit was commenced before a justice of the peace, from whose judgment the defendant appealed.
The appeal was, on motion of the plaintiff, dismissed by the county court, and exceptions were taken by the defendant.
The only question is, whether the declaration showed that the suit was not appealable.
The ground of the action is a contract by which the defendant undertook to pay the plaintiff one hundred dollars^ in ten equal instalments, at periods of at least sixty days, no part to be payable till the railroad had been located and put under contract to a certain line. The declaration avers…
2Cited by4 opinions
- Williams v. MasonSupreme Court of Vermont · 1873
- Luce v. MinardSupreme Court of Vermont · 1913
- Chase v. BernierSupreme Court of Vermont · 1901
- Fisher v. TupperSupreme Court of Vermont · 1901