Armour & Co. v. J. J. Ward & Co.
Supreme Court of Vermont
Generar Assumpsit. Pleas, the general issue, and accord and satisfaction. Trial by jury at the September Term, 1903, Windham County, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. V. S. 1179 does not apply here. Green et al. v. Chapman, 26 Vt. 236; Machine Co. v. Morris, 39 Vt. 393; Smith v. Kellogg, 46 Vt. 560. The non-joinder of a party defendant can be taken advantage of only by a plea in abatement.
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Generar Assumpsit. Pleas, the general issue, and accord and satisfaction. Trial by jury at the September Term, 1903, Windham County, Start, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. V. S. 1179 does not apply here. Green et al. v. Chapman, 26 Vt. 236; Machine Co. v. Morris, 39 Vt. 393; Smith v. Kellogg, 46 Vt. 560. The non-joinder of a party defendant can be taken advantage of only by a plea in abatement. Collyer on • Part. § 713; 1 Chit, on PL, 46; Whelpdale’s Case, 5 Coke 119 A; 2 Taunton 254; 1 Saund. 154; 5 T. R. 651; 1 East 20; 4 T. R. 725; 2 Bla. 947,…
1Opinion of the CourtMunson, J.
J. J. Ward and M. L. Kirkwood are declared against in general assumpsit as partners. Kirkwood was not served, and did not appear. Ward pleaded the general issue and accord and satisfaction, and testified that he made a certain arrangement with plaintiff’s agent in full satisfaction and discharge of the claim as against him- individually; but plaintiffs recovered. The exceptions are to the refusal to direct a verdict for the defendant, and the refusal to charge that a recovery could not be had against one partner alone.
The judgment was not authorized by V. S. 1179. That provides that a…
2Cases cited5 opinions
- McGregor v. BalchSupreme Court of Vermont · 1845
- Nash v. SkinnerSupreme Court of Vermont · 1840
- Ives v. HuletSupreme Court of Vermont · 1840
- Pike v. BlakeSupreme Court of Vermont · 1836
- Hyde v. LawrenceSupreme Court of Vermont · 1877
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