Adams v. Morgan
Supreme Court of Vermont
This was an action of tori with counts in trespass and trover. The case was heard upon demurrer to the defendant’s second pipa to the first two counts of the plaintiff’s declaration.
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This was an action of tori with counts in trespass and trover. The case was heard upon demurrer to the defendant’s second pipa to the first two counts of the plaintiff’s declaration. The second plea was as follows r “And for a further plea in this behalf as to the said sum of two “ dollars parcel of the said damages alleged in said first and second “ counts to have been received by the said plaintiff — the said defend- “ ant * * * says that the said plaintiff ought not “to have or maintain his aforesaid action thereof against him to “ recover any more or greater damages than the said sum of…
1Opinion of the Court
The opinion of the court was delivered by
Pbcis:, J.
The question is as to the sufficiency of the defendant’s plea to the first two counts of the plaintiff’s declaration. The first count is trespass for a sled, and the second count is trover for the same. The plea is a plea of tender of a sum of money as amends in usual form, in bar, to which the plaintiff demurs.
The action is not one in which such tender can be pleaded at common law. If a tender can be made and be successfully pleaded, it must be by virtue of some statute.' The act of 1802, (Slade’s St., 145,) which has been in force ever…
2Cases cited2 opinions
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Smith v. WilburSupreme Court of Vermont · 1862
3Cited by2 opinions
- Spaulding v. WarnerSupreme Court of Vermont · 1885
- Davis v. Nelson's EstateSupreme Court of Vermont · 1901