Boston Type & Stereotype Foundry v. Spooner
Supreme Court of Vermont
This was an action of assumpsit. The declaration was silent as to any act of incorporation. The defendant plead in abatement that there never was, a person in being called or known by the name of the Boston Type & Stereotype Foundry. To this plea there was a demurrer, upon which a judgement of respondeas ouster was rendered. To this judgement the defendant excepted.
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This was an action of assumpsit. The declaration was silent as to any act of incorporation. The defendant plead in abatement that there never was, a person in being called or known by the name of the Boston Type & Stereotype Foundry. To this plea there was a demurrer, upon which a judgement of respondeas ouster was rendered. To this judgement the defendant excepted. After a final judgement rendered for the plaintiff at the County Court, the case was brought into this Court for decision upon the exception. Counsel for the plaintiff, contended that when the defendant denies the existence of…
1Opinion of the CourtWilliams, J.
In this case the defendant plead in abatement that there was no such person or corporation as the Boston Type & Stereotype Foundry. This plea was demurred to, and a judgement of respondeos ouster, rendered. To this judgement the defendant excepted. After a final judgement rendered for the plaintiff, the cause is brought here for a decision on the question of law arising *’,ón the exception, and presents the enquiry, whether the fact set forth? in this plea, was the proper subject of a plea in abatement.
There can be no doubt, but that the fact, if verified is an answer to the suit. In every…
2Cases cited3 opinions
- People v. RugglesNew York Supreme Court · 1811
- Proprietors of Kennebeck Purchase v. CallMassachusetts Supreme Judicial Court · 1805
- Doe v. PenfieldNew York Supreme Court · 1822
3Cited by6 opinions
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911
- Ætna Insurance v. WiresSupreme Court of Vermont · 1855
- Union Co-Operative Store v. FumagalliSupreme Court of Vermont · 1935
- Dohorty v. MadgettSupreme Court of Vermont · 1885
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