Barnard v. Leonard
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue and setoff. Trial by jury at the June Term, 1916, Addison County, Miles, J., presiding. Verdict for plaintiff. Defendant excepted.
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General Assumpsit. Pleas, the general issue and setoff. Trial by jury at the June Term, 1916, Addison County, Miles, J., presiding. Verdict for plaintiff. Defendant excepted. At the close of the plaintiff’s case, the defendant moved to dismiss the action for want of original jurisdiction in the county court, for that on the plaintiff’s evidence, the sum or matter in demand did not exceed two hundred dollars, as provided in P. S. 1351 and 1390; and for that the plaintiff was well aware of the amount of his claim and did not act in good faith in bringing the suit. The motion was overruled, and…
1Opinion of the CourtWatson, C. J.
This is an action of general assumpsit, brought to the county court. The ad damnum in the writ was placed at $400. The plaintiff’s specifications filed with the writ consisted of two items: (1) Logs skidded and piled under contract, $300; (2) damages for breaking contract, $100 — total, $400. The defendant pleaded the general issue, and also filed a declaration in set-off, claiming damages in excess of $250. The trial was by jury. At the beginning of the trial the court ruled that plaintiff could not recover on his declaration, for damages caused by breach of the contract; whereupon…
2Cases cited5 opinions
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Mellen v. United States Health & Accident InsuranceSupreme Court of Vermont · 1910
- Bickford v. Travelers Ins.Supreme Court of Vermont · 1895
- Drown v. ForrestSupreme Court of Vermont · 1891
- Worcester & Woodruff v. LampsonSupreme Court of Vermont · 1883
3Cited by5 opinions
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- In re Healy's WillSupreme Court of Vermont · 1920
- State v. LuciaSupreme Court of Vermont · 1931
- State v. JacksonSupreme Court of Vermont · 1929
- Reed v. WithamSupreme Court of Vermont · 1935