Hill v. Smith
Supreme Court of Vermont
Assumpsit. There had been a recovery in this case upon a former trial of the cause in the county court, and the judgment was reversed by the supreme court, on the defendants’ exceptions. The case having been remanded to the county court, the plaintiff, by leave of court, filed new Counts. The defendants moved the court to dismiss the new counts, as being for a different cause of action from that contained in the original declaration.
Read the full summary
Assumpsit. There had been a recovery in this case upon a former trial of the cause in the county court, and the judgment was reversed by the supreme court, on the defendants’ exceptions. The case having been remanded to the county court, the plaintiff, by leave of court, filed new Counts. The defendants moved the court to dismiss the new counts, as being for a different cause of action from that contained in the original declaration. The court overruled the motion, to which the defendants excepted. Plea, the general issue, with notice of special matter, and trial by jury, June term, 1861,…
1Opinion of the CourtPeck, J.
This is an. action of assumpsit, counting specially on a contract for the delivery by defendants, at their store at Barton Landing, to the plaintiff, two thousand bushels of oats within a specified time, at thirty-six cents per bushel, to be paid for by a given time, in advance of the time of delivery ; alleging *540the payment by the plaintiff according to the contract, and neglect and refusal by the defendants to deliver the oats.
The case was tried by jury, and the plaintiff recovered, but under the decision of the county court the recovery was only upon new counts filed by leave of court after…
2Cases cited4 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Lawrence v. DoleSupreme Court of Vermont · 1839
- Hill v. Smith & CarpenterSupreme Court of Vermont · 1859
- Porter v. StewartSupreme Court of Vermont · 1828
3Cited by11 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Wood v. JamesSupreme Court of Vermont · 1918
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
- Martin v. Martin & CarpenterSupreme Court of Vermont · 1925
6 more not listed; retrieve them via the Exa API.