Bucklin v. Ward
Supreme Court of Vermont
This was an action oí assumpsit upon a note, commenced before a justice of the peace, and came into the county court by appeal.
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This was an action oí assumpsit upon a note, commenced before a justice of the peace, and came into the county court by appeal. The declaration before the justice, stated a note payable to one James W. Ward or bearer, and that said note was assigned over and delivered to the plaintifF, who was the bearer, and enti-. tied to recover the same; and that the defendant had due-jiotice'of said assignment, and thereupon promised the plaintifF to pay the amount of said note to him, but refused, Sic. I nthe county court the plaintifF declared as upon a'note payable to James W. Ward, omitting “or…
1Opinion of the Court
The opinion of the court was delivered by
Mattocks, J.
The first question presented is, whether the declaration, which the county court permitted the plaintiff to file, was so far variant from the declaration before the justice, that this court will consider that as error, and review the judgment. In describing the note which was the inducement to the promise declared upon before the justice, it was stated to have been payable to James W. Ward or bearer. The amended declaration made the note payable to James W. Ward, omitting “or bearer.”
In Carpenter vs. Billings, 2 Vt. R. 495, it is stated by…
2Cases cited1 opinion
- Moar v. WrightSupreme Court of Vermont · 1826
3Cited by8 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Barney v. DouglassSupreme Court of Vermont · 1846
- Brown v. BrownSupreme Court of Vermont · 1894
- Downer v. TuckerSupreme Court of Vermont · 1858
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