Nichols & Bliss v. Bellows
Supreme Court of Vermont
Indebitatus Assumpsit. Plea, the general issue, and trial by jury, September Term, 1848, — Bennett, J., presiding. The action was brought to recover of the defendant $48,00, alleged to have been paid to him by the plaintiffs in January, 1841, as usury, and also the sum of $48,00, paid for like purpose in January, 1842. On trial the plaintiffs called as a witness one Griffin, whose testimony tended to prove, that on the twenty third of January, 1840, the plaintiffs were…
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Indebitatus Assumpsit. Plea, the general issue, and trial by jury, September Term, 1848, — Bennett, J., presiding. The action was brought to recover of the defendant $48,00, alleged to have been paid to him by the plaintiffs in January, 1841, as usury, and also the sum of $48,00, paid for like purpose in January, 1842. On trial the plaintiffs called as a witness one Griffin, whose testimony tended to prove, that on the twenty third of January, 1840, the plaintiffs were partners, and that the plaintiffs, as principals, and Nathaniel Packard, Danforth Wales and the witness, as sureties,…
1Opinion of the Court
The opinion of the court was delivered by
Roves, Ch. J.
Several objections are taken to the right of the plaintiffs to recover.
It is insisted, that the cause of action in favor of the plaintiff Bliss passed to his assignee in bankruptcy, who should have joined with the other plaintiff in bringing this action. To sustain the objection, the defendant relies on the words of the United States’ bankrupt act of 1841, which professed to transfer to the assignee all the bankrupt’s “ property and rights of property, of every name and nature.” This sweeping enactment undoubtedly extended to every thing,…
2Cases cited5 opinions
- Day v. CummingsSupreme Court of Vermont · 1847
- Grow v. AlbeeSupreme Court of Vermont · 1847
- Barker v. EstySupreme Court of Vermont · 1847
- Nelson v. CooleySupreme Court of Vermont · 1848
- Ward v. SharpSupreme Court of Vermont · 1843
3Cited by16 opinions
- Baum v. ThomsIndiana Supreme Court · 1898
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Lee v. HillmanWashington Supreme Court · 1913
- Davis v. ConverseSupreme Court of Vermont · 1863
- Low v. Estate of MusseySupreme Court of Vermont · 1863
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