People's Bank v. Adams
Supreme Court of Vermont
Action of assumpsit. The defendant demurred generally to the first count. Demurrer sustained, and the first count adjudged insufficient, pro forma, Oct. term, 1869, Prout, J., presiding, to which ruling the plaintiffs excepted. EXTRACT PROM DECLARATION.
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Action of assumpsit. The defendant demurred generally to the first count. Demurrer sustained, and the first count adjudged insufficient, pro forma, Oct. term, 1869, Prout, J., presiding, to which ruling the plaintiffs excepted. EXTRACT PROM DECLARATION. In a plea of the case for that, on the 26th day of November, A. D., 1864, at Derby Line, in the County of Orleans, and State of Vermont, one J. H. L. Tuck, for value received, drew a draft upon one J. Jackson on ten days, payable to the order of W. S. Poster, assistant cashier, for the sum of $1314.69, payable at.the Park Bank in the city of…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The questions in this case arise upon general demurrer to the declaration. We hold that the declaration is insuf*198ficient, first, because it does not show any consideration for the defendants’ promise, and second, because the alleged promise is within the statute of frauds. The substance of the descriptive averments of the alleged cause of action is that one J. Jackson, and other parties interested with him in certain mines, parted with and disposed of a great portion of their interest in said mines, to and in favor of the defendants, by…
2Cases cited1 opinion
- Atkins' v. AtkinsSupreme Court of Vermont · 1914
3Cited by2 opinions
- Mayger v. CruseMontana Supreme Court · 1885
- Conti v. JohnsonSupreme Court of Vermont · 1917