Farrar, Burt & Co. v. Powell
Supreme Court of Vermont
Chancery. Heard iu the vacation following the March term, 1897, Franklin county, upon demurrer to the bill brought forward in the defendants’ answer, before Ross, Chancellor, who sustained the demurrer, adjudged the bill insufficient and dismissed the same with costs. The orators appealed.
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Chancery. Heard iu the vacation following the March term, 1897, Franklin county, upon demurrer to the bill brought forward in the defendants’ answer, before Ross, Chancellor, who sustained the demurrer, adjudged the bill insufficient and dismissed the same with costs. The orators appealed. The bill alleged that in 1891 defendant Goodspeed was in embarrassed circumstances and. unable to meet his obligations as they fell due; that it was believed by him and his creditors that his property if judiciously managed and disposed of could be made to pay his debts; that an agreement was accordingly…
1Opinion of the CourtTaft, J.
The first point raised is that the bill is multifarious. A demurrer for multifariousness holds only when the orator claims several matters of different natures. When one general right is claimed by the bill, though the defendants have seperate and distinct rights, a demurrer will not hold. Lewis v. St. Albans I. & S. Works, 50 Vt. 477; Smith v. Scribner, 59 Vt. 96. There is but one general right claimed by the bill before us. That is, that the assignees shall account for the property which came into their hands by virtue of the assignment from the defendant Goodspeed. No one is made a party…
2Cases cited8 opinions
- Merrill, Townsend & Boynton v. EnglesbySupreme Court of Vermont · 1855
- White v. WhiteSupreme Court of Vermont · 1896
- Bishop v. CatlinSupreme Court of Vermont · 1855
- Hall v. DenisonSupreme Court of Vermont · 1845
- Bank of Bellows Falls v. DemingSupreme Court of Vermont · 1845
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3Cited by5 opinions
- Raynes v. SharpMassachusetts Supreme Judicial Court · 1921
- Town of Manchester v. Town of TownshendSupreme Court of Vermont · 1937
- Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1914
- Corey v. BoyntonSupreme Court of Vermont · 1909
- Viall v. HurleySupreme Court of Vermont · 1920