Blaisdell v. McClary
Supreme Court of Vermont
Book Account. Hearing on plaintiff’s motion to dismiss defendant’s pleas at the September Term, 1915, Orleans County, Slack, J., presiding. Motion denied; pleas permitted to stand as answer to the merits only, under the Practice Act, No. 90, Acts of 1915; and judgment to account. The defendant excepted to the judgment rendered; to the order limiting the effect of the pleas; and to the failure of the court to hold that the fourth plea was a bar to the action.
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Book Account. Hearing on plaintiff’s motion to dismiss defendant’s pleas at the September Term, 1915, Orleans County, Slack, J., presiding. Motion denied; pleas permitted to stand as answer to the merits only, under the Practice Act, No. 90, Acts of 1915; and judgment to account. The defendant excepted to the judgment rendered; to the order limiting the effect of the pleas; and to the failure of the court to hold that the fourth plea was a bar to the action. The opinion states the case.
1Opinion of the CourtTaylor, J.
This is an action on book account. The writ is dated March 1, 1915. A demurrer was intei’posed but later withdrawn and defendant given leave to replead. Thereupon, defendant filed an answer wherein he (1) denies indebtedness to plaintiff on book account or otherwise; and (2) alleges payment, (3) the statute of limitations, (4) that all of the items shown by plaintiff’s specifications filed in the action and all the matters for which he seeks to recover arise solely out of a lease of plaintiff’s farm caxried on by defendant for a term of years on shares, as to which book account is not a…
2Cases cited2 opinions
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911
3Cited by2 opinions
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Vaillancourt v. GoverSupreme Court of Vermont · 1941