F. R. Patch Manufacturing Co. v. Capeless
Supreme Court of Vermont
Assumpsit on V. S'. 1183. Heard at, the September Term, 1903, Rutland County, Watson J., presiding, on defendant William Haverly’s motion to dismiss for that the cause of action is not founded on a contract express or implied, but on a tort; on defendant S. L. Huffmere’s demurrer to the declaration; and on motion by the Delaware and Hudson Company, a trustee, to quash the return of service upon it.
Read the full summary
Assumpsit on V. S'. 1183. Heard at, the September Term, 1903, Rutland County, Watson J., presiding, on defendant William Haverly’s motion to dismiss for that the cause of action is not founded on a contract express or implied, but on a tort; on defendant S. L. Huffmere’s demurrer to the declaration; and on motion by the Delaware and Hudson Company, a trustee, to quash the return of service upon it. The motion to dismiss was. overruled, pro fprma, to which defendant Haverly excepted. The demurrer was overruled pro forma, and the declaration adjudged sufficient, to which the demurrant excepted.…
1Opinion of the Court
Watson J.
This action is here on demurrer to the declaration.
The declaration shows that on or about the 15th day of November, 1902, the plaintiff brought its action in Rutland County Court against Protection Bodge, No. 215, Interna*5tional Association of Machinists, in its associate name, by serving process on its president as authorized by section 1099 of Vermont Statutes, Protection Lodge, No. 2x5, being an unincorporated association consisting of five and more persons, having a president, clerk and treasurer; that a trial was had in said action at the March term, 1903, of that court, and a…
2Cases cited10 opinions
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Louisville & Nashville Railroad v. SchmidtSupreme Court of the United States · 1900
- Wilson v. SeligmanSupreme Court of the United States · 1892
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Bardwell v. PerrySupreme Court of Vermont · 1847
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jardine v. Superior CourtCalifornia Supreme Court · 1931
- Operative Plasterers' & Cement Finishers' International Ass'n v. CaseCourt of Appeals for the D.C. Circuit · 1937
- Daniels v. Elks Club of Hartford and the Human Rights CommissionSupreme Court of Vermont · 2012
- Barnes v. FortTennessee Supreme Court · 1944
- Houghton v. GrimesSupreme Court of Vermont · 1926
9 more not listed; retrieve them via the Exa API.