Sanderson v. Caldwell
Supreme Court of Vermont
THIS was an action of trover, for twenty tons of hay, brought by the plaintiff against the defendant and one John Melvin. A non est inventus was returned as to Melvin.
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THIS was an action of trover, for twenty tons of hay, brought by the plaintiff against the defendant and one John Melvin. A non est inventus was returned as to Melvin. The defendant pleaded the general issue, accompanied with the following special notice : “And the defendant will give in evidence under the general issue, pursuant to the statute in such case made and provided, that heretofore, to wit. on the 27th ^ay of November, 1820, the plaintiff in this suit commenced his suit or action in a plea of trespass on the case against Joel Gil-son, Gideon Dayton, Reuben Dayton, Samuel Dayton,…
1Opinion of the CourtPREntiss, J.
The question presented is, whether a judgment in an action of.trover or trespass, without satisfaction, is a bar to another action against a different person, for the same tort.
It is a general principle of law, that where Ahere are collateral concurrent remedies for the same cause of action, a recov-ry against one person, without satisfaction, is no bar to an action against another. It is admitted, in relation to joint and several contracts, that there may be separate suits, and a recovery had against e'ach obligor or promisor, and nothing but a satisfaction will be a bar; and it is not easy…
2Cases cited2 opinions
- Baker v. LovetiMassachusetts Supreme Judicial Court · 1809
- Campbell v. PhelpsMassachusetts Supreme Judicial Court · 1822
3Cited by5 opinions
- Sloan v. HerrickSupreme Court of Vermont · 1877
- St. Johnsbury & Lake Champlain R. R. v. HuntSupreme Court of Vermont · 1882
- Spivey v. MorrisSupreme Court of Alabama · 1850
- Brown v. MarshSupreme Court of Vermont · 1836
- Fisher v. CobbSupreme Court of Vermont · 1834