Barrett v. Carden
Supreme Court of Vermont
Debtuponbond. Heard at the the September term, 1892, upon general demurrer to the declaration, Munson, J., presiding. Demurrer overruled. The defendant excepts.
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Debtuponbond. Heard at the the September term, 1892, upon general demurrer to the declaration, Munson, J., presiding. Demurrer overruled. The defendant excepts. The declaration, after stating the execution of the bond, was as follows: “Which said writing obligatory is subject to the following conditions, that the said defendant shall abide by and accept the provisions of the last will and testament of one Abigail L. Carden, of said Dummerston, made on the 30th of April, 1891, and make no opposition to the probate and establishment thereof as the last will of said Abigail L., and shall not…
1Opinion of the Court
The opinion of the court was delivered by
START, J.
It is claimed that the declaration does not show a cause of action. It sets forth a bond with its condition and a breach thereof. The bond is under seal and im*433ports a consideration and it is not necessary to state the consideration that induced its execution. The defendant cannot be heard to say that it is without consideration. Chitty on Pleadings, vol. i, p. 366; Chitty on contracts, p. 4.
It was not necessary to allege that a will was made by Abigail L. Carden, or that the plaintiff was a beneficiary under it, or that the defendant had a…
2Cases cited3 opinions
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
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- Huguley v. LanierSupreme Court of Georgia · 1891
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