Legal Opinion

Sylvester v. Downer

Supreme Court of Vermont

Decided July 15, 1843PublishedCited by 10 opinions

Assumpsit. The plaintiff declared against the defendant, in several counts, as maker, indorser and guarantor of a promissory note, and added the money counts. Plea, the general issue, and trial by jury, — Collamer, J., presiding. On trial the plaintiff abandoned the first count in his declaration, and obtained a verdict upon the other counts.

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Assumpsit. The plaintiff declared against the defendant, in several counts, as maker, indorser and guarantor of a promissory note, and added the money counts. Plea, the general issue, and trial by jury, — Collamer, J., presiding. On trial the plaintiff abandoned the first count in his declaration, and obtained a verdict upon the other counts. Exceptions were taken by the defendant to the admission of one Whitcomb as a witness, — which were subsequently waived in the Supreme Court. After verdict the defendant moved in arrest of judgment, for the insufficiency of the plaintiff's declaration.…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The defendant excepted, in the court below, as well *35to the admission of the witness Whitcomb, as to the decision overruling his motion in arrest of judgment. But as the former point has not been urged in this court, we shall treat it as having been waived.

It appears, that the plaintiff took a general verdict upon several counts in his’ declaration, including what was originally the second count. That is the only one, which will be considered in reference to the motion in arrest. If that count was fatally defective after verdict, the motion in…

2Cases cited8 opinions

  1. Allen v. RightmereNew York Supreme Court · 1823
  2. Breed v. HillhouseSupreme Court of Connecticut · 1829
  3. Williams v. GrangerSupreme Court of Connecticut · 1810
  4. Campbell v. ButlerNew York Supreme Court · 1817
  5. Russell v. BuckSupreme Court of Vermont · 1839

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3Cited by10 opinions

  1. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
  2. M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
  3. Partridge v. DavisSupreme Court of Vermont · 1848
  4. Brackett v. RichSupreme Court of Minnesota · 1877
  5. Tarbell v. TarbellSupreme Court of Vermont · 1887

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