Halnon v. Halnon
Supreme Court of Vermont
Debt on an award. Pleas, general issue and Statute of Limitations. Demurrer to the plea of said statute. Heard, June Term, 1882, Taft, J., presiding. Demurrer overruled.
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Debt on an award. Pleas, general issue and Statute of Limitations. Demurrer to the plea of said statute. Heard, June Term, 1882, Taft, J., presiding. Demurrer overruled. The award was a specialty within the meaning of R. L. s. 956. Angelí Lim. p. 90 ; Smith v. Lockwood, 7 Wend. 211; Uodgen v. Rarrindge, 2 Saund. 187 ; Pease v. Roward, 14 Johns. 480 ; Freeman Judg. 32; Smith v. Johnson, 15 East, 213; 12 N. Y. 9. As is well known, a specialty is a writing, sealed and delivered, containing some agreement. And it is equally familiar law that to authorize an agent to execute a specialty his…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of debt on an award under seal. The award was made on the 13th of March, 1874; and the amount awarded to be paid the plaintiff was, by said award,' *322ordered to be paid within four months from its date. The writ in this ease was dated the 25th day of May, 1881, more than six, and less than eight, years after the time had elapsed within which the sum awarded was ordered to be paid. The defendant pleaded the general issue and Statute of Limitations; and the case was heard upon the plaintiff’s demurrer to the plea of the…
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