Sweet v. McDaniels
Supreme Court of Vermont
This was an action of indebitatus assumpsit, on the common counts for money, work, labor, and materials, and goods sold, etc.
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This was an action of indebitatus assumpsit, on the common counts for money, work, labor, and materials, and goods sold, etc. The writ was returned to, and entered in the county court at its June Term, 1866, and the plaintiff’s attorney then indorsed on the writ a statement that the sole claim of the plaintiff in this action was upon three promissory notes, dated the 12th day of July, 1861, and signed by the defendant — one for two hundred dollars, payable to the order of the' plaintiff, in three months after date, one for two hundred dollars, payable to the plaintiff on the first day of…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The case has been treated by counsel for the defendant in the argument the same as if the declaration had counted specially and exclusively upon the notes set forth in the specification. And no question has been made by him as to the legal propriety of entering judgment in pursuance of the rules and practice of the County court.
It is insisted by him that the defendant had the right to show, as *274affecting the amount for which the judgment should be entered, that the notes were void by reason of haying been given for money lost in gambling, and…
2Cases cited3 opinions
- Webb v. WebbSupreme Court of Vermont · 1844
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
- Briggs v. GleasonSupreme Court of Vermont · 1860
3Cited by5 opinions
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Rollins v. ChalmersSupreme Court of Vermont · 1879
- Third National Bank v. Dorset Marble Co.Supreme Court of Vermont · 1886
- Granite Savings Bank & Trust Co. v. Parry & JonesSupreme Court of Vermont · 1911
- Seaver v. WilderSupreme Court of Vermont · 1895