Rich v. Sowles
Supreme Court of Vermont
General assumpsit. Heard at tlie September term, 1891, Tyler, J"., presiding. The defendant first demurred to the plaintiffs’ declaration. The demurrer was overruled and thereupon a trial was had upon the merits by the court, which gave judgment for the plaintiffs. The defendant excepted both to the overruling of his demurrer and the rendition of judgment. The plaintiff claimed to recover the price of a pair of liorses sold the defendant.
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General assumpsit. Heard at tlie September term, 1891, Tyler, J"., presiding. The defendant first demurred to the plaintiffs’ declaration. The demurrer was overruled and thereupon a trial was had upon the merits by the court, which gave judgment for the plaintiffs. The defendant excepted both to the overruling of his demurrer and the rendition of judgment. The plaintiff claimed to recover the price of a pair of liorses sold the defendant. At the time of the sale the defendant was the administrator of one W. L. Sowles, and was carrying on a farm belonging to the estate of his intestate. The…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The declaration sets forth a good cause of action, and was properly adjudged sufficient against the causes alleged in the demurer. It commands the attachment of the goods, chattels or estate of Albert Sowles, administrator of Vm. L. Sowles’ estate, and not of the estate of Vm. L. Sowles, of which Albert Sowles is administrator. The words administrator ■of Vm. L. Sowles’ estate, are descriptive of the person named, as the defendant in the suit. If by chance there were two persons of that name in that locality, these descriptive words would…
2Cases cited10 opinions
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- Waterman v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1858
- Wright v. HazenSupreme Court of Vermont · 1852
- Merchants' National Bank v. WeeksSupreme Court of Vermont · 1880
- Lovell v. FieldSupreme Court of Vermont · 1833
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3Cited by16 opinions
- Wahl v. SchmidtIllinois Supreme Court · 1923
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Brown v. QuintonSupreme Court of Kansas · 1909
- Scott v. NewellWest Virginia Supreme Court · 1911
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
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