Gordon's Admr. v. Hotchkiss
Supreme Court of Vermont
General Assumpsit. Plea, the general issue with notice relying on the Statute of Limitations. Heard on the report of a referee, and exceptions thereto, at the March Term, 1909, Franklin County, Miles, J., presiding. Judgment for defendant. The plaintiff excepted. The opinion states the case.
1Opinion of the CourtHaselton, J.
This was an action of general assumpsit brought by the plaintiff as administrator of the estate of Henry H. Gordon, deceased. The case was tried by a referee who heard evidence in support of the defence of the Statute of Limitations, and whose report shows that that defence was made out. The defendant pleaded the general issue with notice of the defence of the statute. The plaintiff claims that the plea and notice were not seasonably filed, and that the notice is defective in substance. These claims it is not necessary to examine, for the case having been referred, the defendant might make…
2Cases cited25 opinions
- Briggs v. OaksSupreme Court of Vermont · 1853
- Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
- Eddy v. SpragueSupreme Court of Vermont · 1838
- Ross v. DraperSupreme Court of Vermont · 1883
- Cook v. CarpenterSupreme Court of Vermont · 1861
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Camp v. BarberSupreme Court of Vermont · 1913
- McDonald v. PlaceSupreme Court of Vermont · 1914
- Town of Brookline v. Town of NewfaneSupreme Court of Vermont · 1966
- Globe Granite Co. v. ClementsSupreme Court of Vermont · 1918