Williams v. Brainerd
Supreme Court of Vermont
General Assumpsit. The defendant was therein summoned to answer to “ Gideon Williams and Sarah Jane Williams, wife of said Gideon,” &c., and the declaration was in common form on an indebtedness from him to them. The defendant demurred. At the April Term, 1879, the Court, Royce, J., presiding, sustained the demurrer, and adjudged the. declaration insufficient; to which the plaintiffs excepted.
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General Assumpsit. The defendant was therein summoned to answer to “ Gideon Williams and Sarah Jane Williams, wife of said Gideon,” &c., and the declaration was in common form on an indebtedness from him to them. The defendant demurred. At the April Term, 1879, the Court, Royce, J., presiding, sustained the demurrer, and adjudged the. declaration insufficient; to which the plaintiffs excepted. To sustain the demurrer, it is necessary to hold that the joinder of the wife is improper under any conceivable state of facts provable under the declaration. At common law, it is true, the husband had…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is indebitatus assumpsit in favor of the husband and wife, and the question arises on general demurrer to the declaration.
There are no averments in the declaration of meritorious cause of action in the wife and special promise to her, nor other reason alleged why the wife is joined with the husband. It was held in the case, Gray v. Estate of Rogers, 18 Vt. 342, that indebitatus assumpsit or book account would not lie in favor of husband and wife to recover for her personal services, where a special promise was made to her, but…
2Cases cited2 opinions
- Gay v. Estate of RogersSupreme Court of Vermont · 1846
- Baird v. FletcherSupreme Court of Vermont · 1878
3Cited by1 opinion
- Goodale v. Frost's Adm'rSupreme Court of Vermont · 1887