Lamphere v. Cowen
Supreme Court of Vermont
Assumpsit in the common counts for money paid. Pleas, the general issue, offset, settlement, accord and satisfaction, and former recovery. Trial by jury, December term, 1868, Barrett, J., presiding. The plaintiff offered in evidence an award between the parties, dated December 5,1865, signed by John Porter and Samuel E. Pingree, arbitrators, which is referred to; basing his claim to recover for payments made by him, falling within the second section of said award.
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Assumpsit in the common counts for money paid. Pleas, the general issue, offset, settlement, accord and satisfaction, and former recovery. Trial by jury, December term, 1868, Barrett, J., presiding. The plaintiff offered in evidence an award between the parties, dated December 5,1865, signed by John Porter and Samuel E. Pingree, arbitrators, which is referred to; basing his claim to recover for payments made by him, falling within the second section of said award. The defendant objected to its being admitted. Objection overruled, and the award, duly proved, was admitted, to which the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The declaration in the original writ contained no ad damnum, and such was the condition of the copy- of appeal when entered in this court. The declaration was in usual form in general assumpsit for money 'paid, alleging an indebtedness of the defendant to the plaintiff to the amount of $200. A writ and declaration, wanting in nothing but an ad damnum, is amendable in that particular, and the amendment was properly allowed.
The plaintiff seeks to recover the amount of the two notes which he and his son executed, one to Quimby and the other to…
2Cited by5 opinions
- Wangler v. . SwiftNew York Court of Appeals · 1882
- Neverett v. TowneSupreme Court of Vermont · 1960
- Drew v. GoodhueSupreme Court of Vermont · 1902
- Coates v. Eastern States Farmers ExchangeSupreme Court of Vermont · 1925
- Thorwarth v. BlanchardSupreme Court of Vermont · 1912