Green v. Starr
Supreme Court of Vermont
The original declaration was in debt and contained only the indebitatus and quantum meruit counts, and the common counts for money lent, money paid, money had, and on an account stated.
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The original declaration was in debt and contained only the indebitatus and quantum meruit counts, and the common counts for money lent, money paid, money had, and on an account stated. Subsequently to the filing of the original declaration, but seasonably to come within the rule, the plaintiffs filed a special count in debt declaring upon a judgment recovered by the plaintiffs against the defendant in the Supreme Court of New York, at a term thereof held at Whitehall in the County of Washington in that State, on February 16, 1878. To the common counts the defendant pleaded the general issue,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first question is the exception taken to the ruling of the court in dismissing the special count. The action is debt, and the original declaration contained only the common counts. The special count was seasonably filed, and declared upon a judgment recovered by the plaintiff against the defendant at a term of the Supreme Court, held at Whitehall in the State of New York, on the 16th day of February, 1878.
If the cause of action declared upon in the special count was the same as that declared upon in the original declaration, the motion to…
2Cases cited2 opinions
- Carpenter v. GookinSupreme Court of Vermont · 1829
- D. Dewey & Co. v. NicholasSupreme Court of Vermont · 1871
3Cited by1 opinion
- Houghton v. GrimesSupreme Court of Vermont · 1933