Quinn v. Valiquette
Supreme Court of Vermont
Special Term a.t Rutland, November, 1907. Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1907, Rutland County, Waterman, J., presiding. Demurrer overruled; bill taken as confessed; and decree, pro forma, for the orator, according to the prayer of the bill, for possession of the premises in question, and for an accounting. The defendant appealed.
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Special Term a.t Rutland, November, 1907. Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1907, Rutland County, Waterman, J., presiding. Demurrer overruled; bill taken as confessed; and decree, pro forma, for the orator, according to the prayer of the bill, for possession of the premises in question, and for an accounting. The defendant appealed. This is a bill in chancery to avoid and set aside an extension of a lease of the Berwick House property in the city of Rut-land, for that the lessors were insane when they executed the extension. The bill alleges that before and…
1Opinion of the CourtRowell, C. J.
There is no sufficient allegation that the defendant procured the extension of the lease by fraud, for it is not enough to characterize a'thing as fraudulent, without alleging that which makes it fraudulent, and there is no such allegation.
Nor is there a sufficient allegation that the defendant knew before and at the time the guardian was appointed that the Richardsons were insane; for that allegation is a part of an allegation of the orator’s information and belief that they were then insane and that the orator knew.-it, without alleging the fact of such insanity and knowledge, based upon…
2Cases cited25 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Frost v. SpitleySupreme Court of the United States · 1887
- United States v. WilsonSupreme Court of the United States · 1886
- Delashman v. BerryMichigan Supreme Court · 1870
- Kollock v. ScribnerWisconsin Supreme Court · 1897
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3Cited by32 opinions
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Nance v. DanielSupreme Court of Georgia · 1936
- Price v. RowellSupreme Court of Vermont · 1960
- Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
27 more not listed; retrieve them via the Exa API.