Blodget v. Skinner
Supreme Court of Vermont
This was an action of assumpsit, brought by appeal, to the county court. In the original writ the plaintiff declared that the defendant, being indebted to him for divers wares and merchandize, in consideration thereof, undertook and promised to collect for the plaintiff;- a certain promissory note for $25, “ in which case Novatus Blodget was plaintiff and ‘ James Bell defendant, and pay over to the plaintiff the ‘ aforesaid sum of money as should be thereto afterwards ‘…
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This was an action of assumpsit, brought by appeal, to the county court. In the original writ the plaintiff declared that the defendant, being indebted to him for divers wares and merchandize, in consideration thereof, undertook and promised to collect for the plaintiff;- a certain promissory note for $25, “ in which case Novatus Blodget was plaintiff and ‘ James Bell defendant, and pay over to the plaintiff the ‘ aforesaid sum of money as should be thereto afterwards ‘ requested which he averred had not been paid to the plaintiff, by reason whereof he had been put to cost and trouble to the…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The fifs't cause of demurrer, assigned by the defendant is, that the declaration sets up and counts upon a different cause of action, from the one in the original writ.
The right to file a new declaration is regulated by a rule of court; and when the declaration, so filed, is, in itself, good, and sets forth a good cause of action, if it is inconsistent with the original cause of action, objection, in proper time, should be made to receiving it, or it should be met by a motion to dismiss ,• and if no such motion or objection is made, the…
2Cited by2 opinions
- Seymour v. BrainerdSupreme Court of Vermont · 1894
- Bachop v. HillSupreme Court of Vermont · 1882