American Can Co. v. Grimm
Supreme Court of Vermont
■ General and SpSciau Assumpsit, Rutland County. At the March Term, 1905, after the defendant had pleaded the general issue only, the case was referred to be tried according to law.
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■ General and SpSciau Assumpsit, Rutland County. At the March Term, 1905, after the defendant had pleaded the general issue only, the case was referred to be tried according to law. Pending a continuance by the referee after a partial hearing before him, and at the March Term, 1906, Powers, J., presiding, the defendant by leave of court filed a declaration in offset, and the court held, against the plaintiff’s objection, that the issues raised thereby went to- the referee under the general reference, to which holding the plaintiff excepted. Case passed to the Supreme Court before further…
1Opinion of the CourtTyler, J.
The declaration consists of the common counts in assumpsit, and two special counts declaring upon two certain promissory notes made by the defendant and payable to the plaintiff. The plaintiff filed a .specification with the writ, stating that it would claim' judgment only upon the two notes, both of which are dated July 20, 1902, one payable three months from date in the sum of $454.50, and the other in four months in the sum of $463.30'; plea, the general issue. At the March term’, 1905, of Rutland County Court the case was referred fi> be tried according to law. The referee met' the…
2Cases cited2 opinions
- Cook v. CarpenterSupreme Court of Vermont · 1861
- Fulton v. WileySupreme Court of Vermont · 1860