Hilliker v. Loop
Supreme Court of Vermont
This was an action on Book which seems to have been pending in the County Court. The defendant plead in abatement, stating, that at the time of the delivery of the article charged, the plaintiff, and one Joseph Tilitson, were partners and joint owners of the same, and that the property was delivered to the defendant as their joint property, and not on the private account of the plaintiff. The plaintiff replied, traversing the facts stated in the defendant’s plea.
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This was an action on Book which seems to have been pending in the County Court. The defendant plead in abatement, stating, that at the time of the delivery of the article charged, the plaintiff, and one Joseph Tilitson, were partners and joint owners of the same, and that the property was delivered to the defendant as their joint property, and not on the private account of the plaintiff. The plaintiff replied, traversing the facts stated in the defendant’s plea. It would seem from an inspection of the papers that the plea in abatement did not prevail, and that a judgement to account was…
1Opinion of the CourtWilliams, J.
The principal question which arises irr this case is whether this suit can be maintained in the name of this plaintiff alone, of whether it should have been brought in the name of himself and Joseph & Joel Tilison. Other questions were raised before the auditor and have' been made here. The decision of the auditor was right on those preliminary questions. The nonjoinder of a person who ought to have been made s plaintiff may be jilead in abatement. It is more usual to take advantage of it on-trial, as a ground of nonsuit for a variance between the declaration and the proof offered. This…
2Cases cited1 opinion
- Boardman v. KeelerSupreme Court of Vermont · 1829
3Cited by7 opinions
- Drown v. OderkirkSupreme Court of Vermont · 1915
- Converse v. SymmesMassachusetts Supreme Judicial Court · 1813
- Maynard v. BriggsSupreme Court of Vermont · 1853
- Platt v. Iron Exchange BankWisconsin Supreme Court · 1892
- Perry v. JaquithSupreme Court of Vermont · 1913
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