Roy v. Phelps
Supreme Court of Vermont
Case for false warranty. Heard on defendant’s motion to dismiss, at the June Term, 1909, Caledonia County, Miles, J., presiding. Motion granted, pro forma, and writ dismissed. The plaintiff excepted. Cause passed to the Supreme Court before final judgment. The opinion states the case. If the claimed defect exists, plaintiff has the right to enter a nolle prosequi as to the second and third counts.
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Case for false warranty. Heard on defendant’s motion to dismiss, at the June Term, 1909, Caledonia County, Miles, J., presiding. Motion granted, pro forma, and writ dismissed. The plaintiff excepted. Cause passed to the Supreme Court before final judgment. The opinion states the case. If the claimed defect exists, plaintiff has the right to enter a nolle prosequi as to the second and third counts. Jennings v. Newman, 4 Term Eep. 348; Fernald v. Garvin, 55 Me. 417; Noble v. Laley, 50 Pa. St. 281; Dean v. Cass, 73 Vt. 314; Posnett v. Marble, 62 Vt. 481. The court cannot split up a cause of…
1Opinion of the CourtPowers, J.
This is an action on the ease for an alleged false warranty in the sale of a horse. The writ issued as a capias, and was served by arresting the defendant’s body. The declaration contains four counts; the second and third are essentially like those in Caldbeck v. Simanton, 82 Vt. 69, 71 Atl. 881, — no scienter being alleged, the first and fourth contain an averment of the scienter. The defendant moved to dismiss the action on the ground that the second and third counts, being merely counts on contract (though tort in form), the action was improperly commenced by arrest and the court was…
2Cases cited12 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- Goodwine v. BarnettIndiana Court of Appeals · 1891
- Adams v. WhitcombSupreme Court of Vermont · 1874
- Bowman v. StowellSupreme Court of Vermont · 1849
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3Cited by15 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Parker v. RobertsSupreme Court of Vermont · 1925
- Town of Barton v. Town of SuttonSupreme Court of Vermont · 1919
- New England Acceptance Corp. v. NicholsSupreme Court of Vermont · 1939
- In Re Estate of PalmieriCalifornia Court of Appeal · 1932
10 more not listed; retrieve them via the Exa API.