Davenport v. North Eastern Mutual Life Ass'n
Supreme Court of Vermont
Assumpsit. The declaration contained the general counts, and the following special count: “ And in a further plea of the case ; for that the said NorthEastern Mutual Life Association, at said Brattleboro, on the 17th day of March, A. D. 1873, in consideration of the sum of ten dollars then and there paid to said association by the said Joseph Trombley then in life but since deceased, and upon the further consideration that the said Joseph Trombley should during his life,…
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Assumpsit. The declaration contained the general counts, and the following special count: “ And in a further plea of the case ; for that the said NorthEastern Mutual Life Association, at said Brattleboro, on the 17th day of March, A. D. 1873, in consideration of the sum of ten dollars then and there paid to said association by the said Joseph Trombley then in life but since deceased, and upon the further consideration that the said Joseph Trombley should during his life, forward to said association an annual due or payment of three dollars, and the sum of one dollar and ten cents within forty…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The questions in this case arise upon a demurrer to the plaintiff’s declaration. It is insisted first, that the plaintiff cannot maintain this suit as the administrator of Trombley, but that the suit should be brought in the name of the wife and children of Trombley. The general rule in actions on contracts is, that the suit should be brought by the party having the legal interest in the contract — the person to whom the promise and undertaking run. Hall v. Huntoon, 17 Vt. 244; Corey v. Powers, 18 Vt. 587. The averment in the declaration is,…
2Cases cited3 opinions
- Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874
- Hall v. HuntoonSupreme Court of Vermont · 1845
- Corey v. PowersSupreme Court of Vermont · 1846
3Cited by8 opinions
- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Tripp v. Vermont Life InsuranceSupreme Court of Vermont · 1882
- Powers v. New England Fire InsuranceSupreme Court of Vermont · 1897
- Clark v. Employers' Liability Assurance Co.Supreme Court of Vermont · 1900
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