Austin v. Town of Burlington
Supreme Court of Vermont
. Case to recover of the defendant, for the default of one Taylor constable of the defendant town, in not keeping,' so as to have forthcoming upon execution, certain flour attached by him, as constable, upon a writ in favor of the Bank of Malone against J. & J. H. Peck & Co., the demand upon which said writ was issued being the property of the plaintiff.
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. Case to recover of the defendant, for the default of one Taylor constable of the defendant town, in not keeping,' so as to have forthcoming upon execution, certain flour attached by him, as constable, upon a writ in favor of the Bank of Malone against J. & J. H. Peck & Co., the demand upon which said writ was issued being the property of the plaintiff. The defendant pleaded the general issue, and a special plea that the suit of Bank of Malone v. J. & J. R. Peck & Go. was commenced solely as an action of general assumpsit, and the attachment in question was made thereunder, while in that…
1Opinion of the Court
Aldis, J,
The Bank of Malone sued J. & J. H. Peck & Co. The declaration contained only the money counts. The Bank’s claim was as indorsee of two promissory notes, of which the Pecks were prior and remote indorsers. The indorsements were in blank. The Pecks were accommodation indorsers. In the County Court the plaintiff amended the declaration by adding special counts on the notes. The defendant, here sued for default of its constable, in not having the property attached on the writ forthcoming upon the execution, claims that the amendment dissolved the attachment by introducing a new cause of…
2Cases cited8 opinions
- Page's Administrators v. Bank of AlexandriaSupreme Court of the United States · 1822
- Thayer & Williams v. KelleySupreme Court of Vermont · 1855
- Butler v. RawsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Treasurer of Vermont v. MerrillSupreme Court of Vermont · 1842
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3Cited by2 opinions
- McDermott v. JaquithSupreme Court of Vermont · 1914
- Witters v. SowlesUnited States Circuit Court · 1888