Bingham v. Town of Springfield
Supreme Court of Vermont
Assumpsit upon a town order for $300, as per declaration stated, below. Pleas, the general issue and a special plea in bar. Replication to the special plea in bar, and demurrer to the replication^ as per plea, replication and demurrer, stated below. The court, at the May term, 1867, Barrett, J., presiding, pro forma decided the replication insufficient and rendered judgment for the defendants, to which the plaintiff excepted.
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Assumpsit upon a town order for $300, as per declaration stated, below. Pleas, the general issue and a special plea in bar. Replication to the special plea in bar, and demurrer to the replication^ as per plea, replication and demurrer, stated below. The court, at the May term, 1867, Barrett, J., presiding, pro forma decided the replication insufficient and rendered judgment for the defendants, to which the plaintiff excepted. The declaration is as follows : “ In a plea of the case, for that the selectmen of said town of Springfield, on the 16th day of January, 1864, drew their order on the…
1Opinion of the Court
*38The opinion of the court was delivered by
Peck, J.
The question' arises upon special demurrer to the replication.
The declaration counts specially upon a town order for $300 dated January 16,1864, drawn by the selectmen on the treasurer of the town, and by him accepted. No question is made as to the sufficiency of the declaration.
The plea alleges that the promises mentioned in the declaration, wore made upon consideration that the plaintiff would enlist into the military service of the United States for the term of three years from the 2d day of January, 1864, or during the war for the…
2Cited by1 opinion
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