Thompson v. Congdon
Supreme Court of Vermont
This was an action of assumpsit, originally brought before a justice of the peace, and came to the county court by appeal. The declaration contained the common indebitatus counts only, and the plaintiff’s claim to recover was based upon a promissory note. The defendant pleaded non-assumpsit, with notice of payment, and a special plea of set-off, consisting of only the common indebitatus counts in assumpsit.
Read the full summary
This was an action of assumpsit, originally brought before a justice of the peace, and came to the county court by appeal. The declaration contained the common indebitatus counts only, and the plaintiff’s claim to recover was based upon a promissory note. The defendant pleaded non-assumpsit, with notice of payment, and a special plea of set-off, consisting of only the common indebitatus counts in assumpsit. The defendant filed no specifications of his claim under his plea of set-off, but upon the trial before the jury introduced his original book of accounts, and claimed to have allowed to…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The general objection in the county court to the evidence offered by the defendant in support of his item for “ use of carriage to Woodstock, $40,” under his plea in offset, without specifying the ground, of objection, uuder which item the defendant recovered not only for the ordinary use but for damage to the carriage caused by the negligence of the plaintiff in the use of the carriage under the contract of hire, does not entitle the plaintiff to insist in this court that the count or plea in offset should have been special and not general;…
2Cases cited1 opinion
- Keyes v. Western Vt. Slate Co.Supreme Court of Vermont · 1861
3Cited by2 opinions
- Vaillancourt v. GoverSupreme Court of Vermont · 1941
- Hudson v. NuteSupreme Court of Vermont · 1872