Stillman v. Dresser
Supreme Court of Rhode Island
Assumpsit. The declaration alleged that the E. Read G-oodridge Manufacturing Company, a foreign corporation, was, prior to the date of the writ, indebted to the plaintiff upon a judgment in the sum of $2,368.27; that the Good-ridge Company, another foreign corporation, was indebted to the plaintiff for work and labor (but not by judgment) in the sum of $506 ; that the Goodridge Company took a transfer of all the property and assets of the E. Read Goodridge Manufacturing…
Read the full summary
Assumpsit. The declaration alleged that the E. Read G-oodridge Manufacturing Company, a foreign corporation, was, prior to the date of the writ, indebted to the plaintiff upon a judgment in the sum of $2,368.27; that the Good-ridge Company, another foreign corporation, was indebted to the plaintiff for work and labor (but not by judgment) in the sum of $506 ; that the Goodridge Company took a transfer of all the property and assets of the E. Read Goodridge Manufacturing Company and assumed all the indebtedness of the E. Read Goodridge Manufacturing Company, including its indebtedness to the…
1Opinion of the Court
Douglas, J.(1) This case was heard upon the plaintiff’s demurrer to the defendant’s plea of the statute of frauds. In defence of his plea the defendant contends that the declaration sets up a contract which is within the statute ; and also that no cause of action is set forth, because it is not alleged that the amount to be paid by the defendant has been determined in either of the ways specified in the contract.
It was held in Ames v. Hazard, 8 R. I. 145, “that if a declaration be faulty, a demurrer interposed by either party opens the whole record for the judgment of the court upon the first…
2Cited by3 opinions
- Frick v. Hartford Life InsuranceSupreme Court of Connecticut · 1922
- Gelbke v. West N. O. Lt. & T. Co.Louisiana Court of Appeal · 1919
- United States v. Schmitt DegassoCourt of Appeals for the Tenth Circuit · 2004