University of Vermont v. Estate of Baxter
Supreme Court of Vermont
* Assumpsit upon appeal from commissioners, as per declaration. To which defendant pleaded non assumpsit and five special pleas in bar. To the 8d, 4th, 5th and 6th of said pleas the plaintiff demurred. The court, at the December term, 1870, Barrett, J., presiding, •proforma adjudged said pleas named in said demurrer sufficient, and rendered judgment for the defendant. To which the plaintiff excepted.
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* Assumpsit upon appeal from commissioners, as per declaration. To which defendant pleaded non assumpsit and five special pleas in bar. To the 8d, 4th, 5th and 6th of said pleas the plaintiff demurred. The court, at the December term, 1870, Barrett, J., presiding, •proforma adjudged said pleas named in said demurrer sufficient, and rendered judgment for the defendant. To which the plaintiff excepted. The first count of the declaration is upon a promissory note alleged to have been given by Chester Baxter to the University of Vermont, August 4, 1854, for $500 ; and sets forth in substance the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
Each count in the plaintiff’s declaration sets forth an agreement by Chester Baxter with the University of Vermont upon consideration, and with a breach sufficient to constitute a good cause of action in favor of that institution against him. The pleas, put in issue by the demurrer, do not deny the consideration ; if they did, they would be bad upon this special demurrer, for that would amount to the general issue. Neither do they set forth what would have been a good defense to the several causes of action for Baxter himself, nor is it…
2Cases cited2 opinions
- Boyden v. WardSupreme Court of Vermont · 1866
- Perrin v. Widow of SargeantSupreme Court of Vermont · 1860
3Cited by2 opinions
- Abraham, Exr. v. Jones, Admr.Supreme Court of Vermont · 1935
- Dombrowski v. DunnDistrict Court, D. Vermont · 1946