Eastern Townships Bank v. H. S. Beebe & Co.
Supreme Court of Vermont
This was an action of assumpsit to recover the amount of two promissory notes. The case was heard on demurrer to defendant’s pleas, September Term, 1878, Powers, J., presiding.
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This was an action of assumpsit to recover the amount of two promissory notes. The case was heard on demurrer to defendant’s pleas, September Term, 1878, Powers, J., presiding. The facts .were agreed upon as follows: The said Bank, located in the-city of Sherbrooke, P. Q., and carrying on the business of banking, declared against the defendants, J. P. Morrill, of Derby, Vt., and H. S. Beebe and Anson Beebe, of Stanstead, P. Q., copartners, doing business in trade, at said Stanstead, under the firm name of H. S. Beebe & Co., as indorsers in their said firm name at said Stanstead, of two…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is not claimed that the pendency of said suit in Canada, where this suit was brought, could bar a recovery in this suit. It is claimed that the judgments in said suit in Canada, rendered after the bringing of this suit, bars a recovery in this suit. It is not averred or claimed that said Canadian judgments have been satisfied by payment. So the only question is, whether said Canadian judgments merge the cause of action, in such a sense as to render it incapable of being the subject of a judgment in this suit.
It is not so merged unless it…
2Cases cited1 opinion
- David McGilvray & Co. v. AverySupreme Court of Vermont · 1857
3Cited by5 opinions
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- Moore v. HortonNew York Supreme Court · 1884