Sowles v. Hartford Life Insurance
Supreme Court of Vermont
Special Assumpsit. Franklin County, March Term, 1911, Stanton, J., presiding. Heard on the defendant’s motion to dismiss plaintiff’s amended declaration, filed after defendant had pleaded to the original, for that it introduced a new cause of action. Motion denied, to which defendant excepted. Exceptions allowed, and cause passed to the Supreme Court before trial on the merits.
1Opinion of the CourtHaselton, J.
This is an action of assumpsit. The original declaration was in four counts. After the defendant had pleaded the plaintiff filed an amended declaration which also was in four counts. The defendant filed a motion to dismiss the amended declaration on the ground that it introduced a new cause of action, and on other grounds. This motion was overruled. The defendant excepted and the case was passed to this Court without further proceedings in the cause.
In the original declaration the first count says that by virtue of a life insurance policy, numbered 103306, issued by the defendant company in…
2Cases cited9 opinions
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Carpenter v. GookinSupreme Court of Vermont · 1829
- Dana v. McClureSupreme Court of Vermont · 1867
- Estabrooks v. Fidelity Mutual Fire InsuranceSupreme Court of Vermont · 1902
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3Cited by3 opinions
- Prouty v. Pellett & SkinnerSupreme Court of Vermont · 1922
- Carpenter v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Bouchard v. Central Vermont Railway Co.Supreme Court of Vermont · 1914