Sheffer v. B. B. Perkins & Co.
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, and two special pleas in bar. Heard on general demurrer to the two special pleas at the March Term, 1909, Franklin County, Miles, J., presiding. Demurrer sustained, and pleas adjudged insufficient. The defendant excepted. The opinion states the ease. Defendant’s special pleas show a good defence in that they allege a retraxit by plaintiff as to the first three notes relied upon.
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General Assumpsit. Pleas, the general issue, and two special pleas in bar. Heard on general demurrer to the two special pleas at the March Term, 1909, Franklin County, Miles, J., presiding. Demurrer sustained, and pleas adjudged insufficient. The defendant excepted. The opinion states the ease. Defendant’s special pleas show a good defence in that they allege a retraxit by plaintiff as to the first three notes relied upon. Small v. Leonard et al., 26 Yt. 209; Thomason v. Odum, 68 Am. Dec. 159. Defendant’s second plea shows that the suit in equity fully adjudicated the subject-matter of this…
1Opinion of the CourtHaselton, J.
The action is general assumpsit. In county court the plaintiff sought to recover upon six promissory notes. The defendant pleaded the general issue, and filed two special pleas. To the special pleas the plaintiff demurred generally. *187The demurrer was sustained, the special pleas were adjudged insufficient, the defendant excepted, and the case was passed to this Court before trial.
The first special plea sets out that the plaintiff brought a suit before a justice to recover on three of the notes in question, and that after the suit had been continued from time to time the plaintiff “by his…
2Cases cited6 opinions
- Penniman v. PatchinSupreme Court of Vermont · 1833
- Vail v. ConantSupreme Court of Vermont · 1843
- Granger v. BatchelderSupreme Court of Vermont · 1881
- Sprague v. WaldoSupreme Court of Vermont · 1865
- Reynolds v. ReynoldsSupreme Court of Vermont · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New England Educational Training Service, Inc. v. Silver Street PartnershipSupreme Court of Vermont · 1987
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
- Barber-Colman Co. v. Magnano Corp.Court of Appeals for the First Circuit · 1924
- Pettengill v. New Hampshire Insurance CompanySupreme Court of Vermont · 1970
- In re J. H. & R. H.Supreme Court of Vermont · 1983
3 more not listed; retrieve them via the Exa API.