Parlin v. Bundy
Supreme Court of Vermont
In this case the plaintiff filed his new declaration, in the county court, against the defendant, in two counts; — The first count averred, that the plaintiff purchased of the defendant a certain mare and colt and paid therefor sixty dollars ; that the defendant thereupon promised, that the mare was sound; that the mare was in fact unsound, and of no use to the plaintiff; and that thereby the defendant became indebted to the plaintiff in the sum of sixty dollars, for so much…
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In this case the plaintiff filed his new declaration, in the county court, against the defendant, in two counts; — The first count averred, that the plaintiff purchased of the defendant a certain mare and colt and paid therefor sixty dollars ; that the defendant thereupon promised, that the mare was sound; that the mare was in fact unsound, and of no use to the plaintiff; and that thereby the defendant became indebted to the plaintiff in the sum of sixty dollars, for so much money had and received; and the count concluded in common form of a count in indebitatus assumpsit for money had and…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
After a verdict for the plaintiff the defendant moved in arrest of judgment. The motion was overruled in the county court, — to which the defendant excepts. Several exceptions have been taken to the declaration ; but one of which, however, has been much relied on, — namely, misjoinder.
1. The allegation, in each count, that the defendant thereby became indebted for so much money had and received, was entirely unnecessary and may be rejected as surplusage. The declaration was perfect without that allegation, as a declaration upon a…
2Cited by2 opinions
- State v. FreemanSupreme Court of Vermont · 1891
- Wheeler v. WheelockSupreme Court of Vermont · 1860