Legal Opinion

Smilie v. Stevens

Supreme Court of Vermont

Decided August 15, 1868PublishedCited by 1 opinion

Assumpsit. Heard on. demurrer to the declaration, at the December term, 1867, Steele, J., .presiding. Demurrer overruled. Declaration adjudged sufficient, and judgment rendered for the plaintiff. Exceptions by the defendant to the ruling of the court.

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Assumpsit. Heard on. demurrer to the declaration, at the December term, 1867, Steele, J., .presiding. Demurrer overruled. Declaration adjudged sufficient, and judgment rendered for the plaintiff. Exceptions by the defendant to the ruling of the court. The demurrer extended only to the first count of the amended declaration, which was as follows: “ Also, in a further plea of the case, for that the defendant, at New York, to wit, at St. Johnsbury, on the 17th day of August, 1865, by his certain other certificate of deposit of that date by him subscribed, which said certificate of deposit is in…

1Opinion of the Court

The opinion of the court was delivered by

PeCK, J.

It would appear from the pleadings and exceptions-in this case, that the demurrer was to the first count in the declaration, but it is conceded that the demurrer is only to the. first count of the amended declaration. The sufficiency of this count is the only question presented.

The objection to that count is that no sufficient consideration is alleged to sustain the defendant’s promise. The plaintiff declares as assignee of a chose in action, negotiable in form, but not so in law by reason of a contingency or condition contained in the…

2Cited by1 opinion

  1. Roberts v. SmithSupreme Court of Vermont · 1886

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