Premo v. Lee
Supreme Court of Vermont
Assumpsit. Flea, Statute of Limitations. Appeal from tlie Municipal Court of Rutland, March, 3 883. Judgment for the defendant.
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Assumpsit. Flea, Statute of Limitations. Appeal from tlie Municipal Court of Rutland, March, 3 883. Judgment for the defendant. It was agreed that tlie plaintiff was duly adjudged a bankrupt in 1877, by the U. S. District Court; that Amos O. Bates was appointed assignee; that the demands now sued for passed to and vested in said Bates, as assignee; that said Bates under order of court sold said accounts at public auction back to said plaintiff; that, subsequently, said Bates was, in 1878, discharged as assignee, having settled his account; that in May, 1881, the said plaintiff, after the said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The decision of this case is controlled by Spear v. Braintree, 47 Vt. 729. It was there held that tire failure of a former suit, because prosecuted in the name of the wrong person as plaintiff, brought to recover the same claim sought to be recovered in a later suit by the proper person as plaintiff, was a failure “for matter of form,” within sec. 973, R. L.; and if the latter suit was commenced within one year after the determination of the former suit, for the purposes of saving the claim from the operation of the Statute of Limitations, it…
2Cases cited1 opinion
- Spear ex rel. Curtis v. Town of BraintreeSupreme Court of Vermont · 1875
3Cited by1 opinion
- Goff v. RobinsonSupreme Court of Vermont · 1888