Mussey v. Bates
Supreme Court of Vermont
-Assumpsit. Pleas, the general issue and special pleas in bar. Heard at the March term, 1891, Start, J., presiding, upon general demurrer to the special pleas. The demurrer was sustained, pro forma, and judgment given for the defendant, to which the plaintiff excepted. The opinion states the case. The former equity suit is no bar to this. The matters involved are not identical.
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-Assumpsit. Pleas, the general issue and special pleas in bar. Heard at the March term, 1891, Start, J., presiding, upon general demurrer to the special pleas. The demurrer was sustained, pro forma, and judgment given for the defendant, to which the plaintiff excepted. The opinion states the case. The former equity suit is no bar to this. The matters involved are not identical. Evans v. Burge, 11 Ga. 265; Bennett v. Holmes, I. D. & B., N. C. 486; Flandreau v. Downey, 23 Cal. 354; Wales v. Lyon, 1 Mich. 276 ; Cleáton v. Chambliss, 6 Va. 86; Salem I. R. Co. v. Adams, 23 Pick. 256 ; Harding v:…
1Opinion of the CourtMunson, J.
The plaintiff declares upon an oral agreement by which the defendants, at the time of taking the title to certain premises as security for a considerable loan, undertook to pay the plaintiff a further sum to enable him to secure immediate possession of the property, and to leave him in the full possession and control of the same, and to furnish him such sums of money as might be needed for laying out streets thereon, and to convey at any time such portions thereof as the plaintiff might sell, upon payment to the defendants of the avails of the sales for application upon the plaintiff’s…
2Cases cited8 opinions
- Green v. HartNew York Supreme Court · 1806
- Davenport v. HubbardSupreme Court of Vermont · 1873
- Howard v. GreshamSupreme Court of Georgia · 1859
- Hooper v. WilsonSupreme Court of Vermont · 1839
- Leavitt v. PrattSupreme Judicial Court of Maine · 1865
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3Cited by2 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
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