Cobb v. Cowdery
Supreme Court of Vermont
Debt on judgment. The defendants’ second plea was as follows, viz: “ And for further plea in this behalf, by leave of court first had and obtained, the said defendants say that said plaintiff ought not to have or maintain his aforesaid action thereof against them, because they say that after the rendition of the judgment upon which this suit is brought, to wit, at the May Term of Windsor county court, A. D. 1859, said Solomon Downer was the plaintiff in interest in a certain…
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Debt on judgment. The defendants’ second plea was as follows, viz: “ And for further plea in this behalf, by leave of court first had and obtained, the said defendants say that said plaintiff ought not to have or maintain his aforesaid action thereof against them, because they say that after the rendition of the judgment upon which this suit is brought, to wit, at the May Term of Windsor county court, A. D. 1859, said Solomon Downer was the plaintiff in interest in a certain suit then pending in said court, in which suit the South Royalton Bank were plaintiffs, and Chester Baxter and James S.…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The plaintiff took issue upon the truth of the defendants’ second plea, and the facts found by the county court to be proved by the testimony on the trial established every material averment of that plea. It is now claimed by the plaintiff that, notwithstanding the issue upon the truth of this plea was found in favor of the defendants, the plea itself was not an answer to his cause of action, because the agreement or contract between Downer and the defendant Cowdery was without any legal consideration, and was void as being against public…
2Cases cited3 opinions
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Woodruff v. HinmanSupreme Court of Vermont · 1839
- Snow v. ConantSupreme Court of Vermont · 1836
3Cited by23 opinions
- Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
- Contempo Design, Incorporated v. Chicago and Northeast Illinois District Council of CarpentersCourt of Appeals for the Seventh Circuit · 2000
- Brunner v. Stix, Baer & Fuller Co.Supreme Court of Missouri · 1944
- Smith v. . HartsellSupreme Court of North Carolina · 1908
- Rowell v. Town of VershireSupreme Court of Vermont · 1890
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