Seymour v. Brainerd
Supreme Court of Vermont
Assumpsit. Heard at the April term, 1893, Franklin county, Thompson, J., presiding. The original declaration was general assumpsit. At the April term, 1891, the plaintiff filed an amended declaration consisting of two counts and the common counts.
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Assumpsit. Heard at the April term, 1893, Franklin county, Thompson, J., presiding. The original declaration was general assumpsit. At the April term, 1891, the plaintiff filed an amended declaration consisting of two counts and the common counts. The first one of these counts was upon a promissory note dated March 19, 1883, for the sum of ten thousand dollars, payable to the order of Aldis O. Brainerd, the defendant, signed by one Bradley Barlow and endorsed by the said defendant to the plaintiff. The defendant moved to dismiss the first count of said amended declaration for the reason that…
1Opinion of the CourtRoss, C. J.
I. The amended declaration took effect *326as of the time when the suit was brought. Dana v. McClure, 39 Vt. 197. On demurrer by the plaintiff, the court correctly adjudged the defendant’s plea of the statute of limitations to the first count of the amended declaration insufficient. The defendant insists that the court should have entertained his motion to dismiss this count because it brought upon the record a new cause of action. Before filing this motion he had waived his right to have this count of the amended declaration dismissed, by pleading the statute of limitations thereto. Blodgett v.…
2Cases cited7 opinions
- President of the Bank of the United States v. LymanUnited States Circuit Court · 1848
- Dana v. McClureSupreme Court of Vermont · 1867
- Blodgett v. DurginSupreme Court of Vermont · 1859
- Luce v. HoisingtonSupreme Court of Vermont · 1884
- Sherman v. JohnsonSupreme Court of Vermont · 1886
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3Cited by3 opinions
- Carpenter v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Berkley v. Burlington Cadillac Co., Inc.Supreme Court of Vermont · 1925
- Reynolds v. ChynowethSupreme Court of Vermont · 1895