Spafford v. Richardson
Supreme Court of Vermont
Assumpsit, upon a receipt, executed by the defendant to the plaintiff in the following words, viz: — “ Received of Ileman Spafford, one hundred bushels of corn, which I am to deliver to him on the seventh day of February next. Arial Richardson.” December 29, 1838.” The ad damnum, in the writ, was two hundred dollars.
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Assumpsit, upon a receipt, executed by the defendant to the plaintiff in the following words, viz: — “ Received of Ileman Spafford, one hundred bushels of corn, which I am to deliver to him on the seventh day of February next. Arial Richardson.” December 29, 1838.” The ad damnum, in the writ, was two hundred dollars. The defendant pleaded in abatement, in substance, that the action was brought to recover the value of one hundred bushels of corn, due on the seventh day of February, 1839, Which was for a less sum than one hundred dollars, to wit, for the sum of eighty-four dollars and no more,…
1Opinion of the Court
The opinion of the court was delivered by
Royce J.
As the contract in this instance had fixed no price for the corn, and the plaintiff had demanded damages above the sum of one hundred dollars, it was a case apparently within the original jurisdiction of the county court. In such a case I doubt the propriety of forming a preliminary issue upon the point of jurisdiction, since it must depend upon extraneous evidence, and involve, to some extent, the same showing which would belong to the trial in chief, It seems, however, that the plaintiff made no objection to such a course, and voluntarily…
2Cited by5 opinions
- Scott v. MooreSupreme Court of Vermont · 1868
- Drown v. ForrestSupreme Court of Vermont · 1891
- Joyal v. BarneySupreme Court of Vermont · 1848
- Waters v. Langdon & WrightSupreme Court of Vermont · 1844
- Field v. Randall & DurantSupreme Court of Vermont · 1878