Stephens v. Thompson
Supreme Court of Vermont
Assumpsit to recover the amount claimed to be due to the plaintiff from the defendants, as partners, and for which amount the plaintiff had, on the 16th of November, 1850, taken the note of the defendant Franklin alone. The defendant Thompson plead the general issue, the defendant Franklin not appearing, or making any defense. The declaration, as originally drawn, counted specially upon the note.
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Assumpsit to recover the amount claimed to be due to the plaintiff from the defendants, as partners, and for which amount the plaintiff had, on the 16th of November, 1850, taken the note of the defendant Franklin alone. The defendant Thompson plead the general issue, the defendant Franklin not appearing, or making any defense. The declaration, as originally drawn, counted specially upon the note. Upon a trial at the November Term, 1854, the county court, — Peck, J., presiding, — decided that, upon the testimony introduced which consisted of the note and evidence of its consideration, the…
1Opinion of the Court
The opinion of the court was delivered by
Bennet, J.
The amendment of the declaration was properly allowed by the county court.
The amendment allowed was the insertion of a count upon an account stated, and a note of hand is evidence to support such a coupt; and if the party, in his prqof, is confined to the original con*80sideration, there can he no objection. This was not introducing any new cause of action.
We think the law is too well settled in this state to admit of debate that if a party agrees to take, and does take a separate negotiable note or bill of exchange of one member of a…
2Cited by9 opinions
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Kimball v. LaddSupreme Court of Vermont · 1870
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