New London City National Bank v. Ware River Railroad
Supreme Court of Connecticut
Action for the recovery of the amount of certain interest coupons upon bonds of the defendants ; brought to the Court of Common Pleas of New London County.
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Action for the recovery of the amount of certain interest coupons upon bonds of the defendants ; brought to the Court of Common Pleas of New London County. The first count of the declaration was as follows :— Then and there to answer &c. in a plea of the case, whereupon the plaintiffs declare and say that the defendants, on the first day of June, 1873, were indebted to the plaintiffs in the sum of two hundred and forty dollars, payable in gold coin, the same being for semi-annual interest due and payable on eight of the first mortgage bonds of the defendants for Ihe sum of one thousand…
1Opinion of the CourtPoster, J.
To the declaration in this case, consisting of two counts, the defendants demur specially; setting forth three causes of demurrer to the first count, and one cause to the second.
The first cause of demurrer assigned to the first count is, that it is, in form, a count in case, whereas it should be, in form, a count in debt.
The defendants in this count are summoned to answer to the plaintiffs “ in a plea of the case,” &c. No doubt these are apt words to precede a count in case, but they are not conclusive or controlling. If found preceding a count in another form of action, they are quite…
2Cases cited3 opinions
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- Main v. First School District in the Second School Society in PrestonSupreme Court of Connecticut · 1846
- Hotchkiss v. ButlerSupreme Court of Connecticut · 1847
3Cited by1 opinion
- Bavarian Brewing Co. v. RetkowskiSuperior Court of Delaware · 1920