Day v. Essex County Bank
Supreme Court of Vermont
Covenant, upon an instrument, in writing, executed under seal by the plaintiff and defendants, of the following tenor; ‘ Dan Day commenced his action of trespass against Ud-1 ney H. Penniman for taking away his timber and spars, £ which suit is now pending in Chittenden county court. £ The specification of said trespass is for taking a lot of spars £ and timber, rafted and lying at the wharf, in Burlington, £ claimed by Day as his property, the taking being by £ virtue of an…
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Covenant, upon an instrument, in writing, executed under seal by the plaintiff and defendants, of the following tenor; ‘ Dan Day commenced his action of trespass against Ud-1 ney H. Penniman for taking away his timber and spars, £ which suit is now pending in Chittenden county court. £ The specification of said trespass is for taking a lot of spars £ and timber, rafted and lying at the wharf, in Burlington, £ claimed by Day as his property, the taking being by £ virtue of an execution at tho suit of the, Essex County Bank £ against Nathaniel Blood, jr., on which said Penniman re- £ turned,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The court have not been able to find much ground to doubt whether a private corporation of another state could be held to answer to an action in our courts. We can see no very good reason why artificial persons should not be liable to suit in the courts of another state, as well as natural persons. It is not necessary to inquire how far public or municipal corporations could be held to answer suits in a foreign jurisdiction.
The court think the plea in bar, in this case, is defective. It does not meet the breach assigned, either by denying…
2Cited by14 opinions
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- State v. Boston, Concord & Montreal RailroadSupreme Court of Vermont · 1853
- Colorado Iron-Works v. Sierra Grande Mining Co.Supreme Court of Colorado · 1890
- Munson v. Straits of Dover S. S. Co.Court of Appeals for the Second Circuit · 1900
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