Portage Lake Miners' & Mechanics' Benevolent Society v. Phillips

Graves, J:

Defendant in error sued in assumpsit for certain benefits claimed as his due from the company under their articles of association and by-laws.

The declaration contained three counts, to which the company demurred generally, and also on special grounds. The court overruled the demurrer, and gave final judgment against the company, the damages being assessed at two hundred and forty dollars and sixty cents. The company brought error.

The first count is open to objection for duplicity; it attempts to base a cause of action on one set of regulations for a monthly allowance, and a distinct…