Durrill v. Lawrence & Lamb
Supreme Court of Vermont
The bill of exceptions described this as an action of assumpsit. The declaration was as follows, viz :— -“ To answer to Benjamin Durrill, of Walden “ aforesaid, in a plea that to the plaintiff defendants render “ $75,00, for sixteen hundred of salts of lye, before this “ time sold and delivered by plaintiff to defendants, and for “which defendants refuse to pay plaintiff, though often “ thereunto requested. To the damage, &c.”
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The bill of exceptions described this as an action of assumpsit. The declaration was as follows, viz :— -“ To answer to Benjamin Durrill, of Walden “ aforesaid, in a plea that to the plaintiff defendants render “ $75,00, for sixteen hundred of salts of lye, before this “ time sold and delivered by plaintiff to defendants, and for “which defendants refuse to pay plaintiff, though often “ thereunto requested. To the damage, &c.” The suit was commenced before a justice of the peace and appealed to the county court. On the trial, by jury, in the county court, the plaintiff proved the delivery of…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, C. J.
-In this case there is a motion in arrest for the insufficiency of the declaration, which was overruled by the county court. Exceptions were also taken to the charge of the court, on the trial before the jury. The declaration was considered and treated as in assumpsit, as appears by the exceptions. But, on examination, it appears to have been debt, and, as such, is not liable to the objections which have been made, to wit, that it was a promise on a past consideration, and that the declaration omitted the Words, “ at defendants’ special…
2Cited by2 opinions
- State v. FreemanSupreme Court of Vermont · 1891
- Cushman v. Estate of HallSupreme Court of Vermont · 1856