George A. Fernald & Co. v. Manley

It is enough to say in support of the holding below, that the alleged payment of the note declared upon in plaintiff’s complaint did not include the plaintiff’s costs already accrued in the original action. For this reason the alleged payment was not sufficient in law to defeat or discharge the suit declaring on the note. Nothing short of the payment of the debt and costs could extinguish the claim on which the suit is predicated. The plaintiff would still be entitled to judgment for nominal damages and costs. Stevens v. Briggs, 14 Vt. 44, 39 A. D. 209. It follows that the jurisdiction of the…