Patchin v. Swift
Supreme Court of Vermont
Assumpsit. The plaintiff alleged in his declaration, that on the eighth day of December, 184.6, he held a mortgage, executed by one Squires, of certain premises known by the name of the ‘‘ Searsburgh tannery,” which had become due and payable, and that Squires had conveyed his interest in the premises to the defendants, who were in possession of .them, and that the defendants, in consideration that the plaintiff would permit them to use and occupy the premises, then promised…
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Assumpsit. The plaintiff alleged in his declaration, that on the eighth day of December, 184.6, he held a mortgage, executed by one Squires, of certain premises known by the name of the ‘‘ Searsburgh tannery,” which had become due and payable, and that Squires had conveyed his interest in the premises to the defendants, who were in possession of .them, and that the defendants, in consideration that the plaintiff would permit them to use and occupy the premises, then promised to pay to the plaintiff the amount due upon the mortgage, in one year from the first day of January then next, or…
1Opinion of the Court
*297The opinion of the court was delivered by
Poland, J.
The defendants interpose three objections to the plaintiff’s right of recovery upon the written contract declared upon, by the evidence adduced upon the trial in the county court and detailed in the bill of exceptions; — 4. That there was not any sufficient consideration shown to make the contract binding upon .the defendants; — 2, That the plaintiff has not alleged in his declaration, and did not show upon the trial, that, at the time of calling upon the defendants to pay the amount of the notes mentioned in the contract, he made any offer…
2Cases cited1 opinion
- Phelps v. StewartSupreme Court of Vermont · 1839
3Cited by20 opinions
- Virginian Export Coal Co. v. Rowland Land Co.West Virginia Supreme Court · 1926
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Norton & Lamphere Construction Co. v. Blow & Cote, Inc.Supreme Court of Vermont · 1962
- Lathrop v. KnappWisconsin Supreme Court · 1870
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