National Bank v. R. E. Peabody & Co.
Supreme Court of Vermont
Assumpsit. Heard on demurrer to a replication to a plea in bar, December Term, 1882, Ross, J., presiding. Replication adjudged sufficient. The questions raised by the pleadings are stated in the opinion. The plea in bar sets forth a good defence.
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Assumpsit. Heard on demurrer to a replication to a plea in bar, December Term, 1882, Ross, J., presiding. Replication adjudged sufficient. The questions raised by the pleadings are stated in the opinion. The plea in bar sets forth a good defence. The action is assumpsit ; and the plea avers in substance that the entire cause of action has been merged in a judgment rendered in New Hampshire by a court of competent jurisdiction upon the same promises set forth in this declaration. The New Hampshire judgment is a merger of the cause of action, and a bar to a further prosecution of the suit.…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The demurrer to the replication raises the question whether the plaintiff, a national bank located in Yermont, having recovered judgment by default against the defendants, one then and still a resident of Yermont and the other of Louisiana, in a court of New Hampshire, upon the same cause of action upon which the present suit was brought, can maintain this action here, no personal service of the process in the New Hampshire case having been made on the defendants and they not having appeared iri the suit, but that suit having been commenced…
Also in this document: Dissent.
2Cases cited9 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- St. Clair v. CoxSupreme Court of the United States · 1882
- Kane v. CookCalifornia Supreme Court · 1857
- Brooklyn v. Insurance Co.Supreme Court of the United States · 1879
- Price v. HickokSupreme Court of Vermont · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Taylor v. Continental Supply Co.Court of Appeals for the Eighth Circuit · 1926
- Goodro v. TarkeySupreme Court of Vermont · 1941
- Paper Co. v. ShyerTennessee Supreme Court · 1902
- Smith v. MooreSupreme Court of Iowa · 1900
- Canadian Birkbeck Investment & Savings Co. v. WilliamsonIdaho Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.