Lapham v. Briggs
Supreme Court of Vermont
Pleadings. Statute of limitations. Promissory notes, when not recoverable under the money counts and when attested so as to be sueable for fourteen years. Records and judgments of other states. Debt.
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Pleadings. Statute of limitations. Promissory notes, when not recoverable under the money counts and when attested so as to be sueable for fourteen years. Records and judgments of other states. Debt. Tlie declaration counted generally upon an indebtedness for money bad and received; but by a specification filed after the entry of the suit, the plaintiff stated his claim to be upon a promissory note dated November 26, 1828, for six hundred dollars, payable on demand, with interest, to the plaintiff or bearer, signed by Daniel P. Lapham & Co., a firm of which the defendant was, at that time, a…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. We think the bill of particulars, or specification of plaintiff’s demand, filed in the case, is not to be regarded as a portion of his declaration for the purposes of the subsequent pleadings. It is only operative in limiting the plaintiff’s proof on trial of the issues of fact. This point is expressly so decided in Dibble v. Kempshall, 2 Hill 124, and upon the most satisfactory grounds, as it seems to us. And if we could in the present *30case regard the specification as a part of the declaration, it would seem to show a misjoinder of…
2Cases cited6 opinions
- Hampton v. M'connelSupreme Court of the United States · 1818
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Boston India Rubber Factory v. Archibald HoitSupreme Court of Vermont · 1842
- Hoxie v. WrightSupreme Court of Vermont · 1828
- Whitney v. BowenSupreme Court of Vermont · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dana v. McClureSupreme Court of Vermont · 1867
- Burton v. BurtonSupreme Court of Vermont · 1886
- Alexander v. School District No. 6.Supreme Court of Vermont · 1890
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Currier v. KingSupreme Court of Vermont · 1908
9 more not listed; retrieve them via the Exa API.