Hill v. Kendall
Supreme Court of Vermont
Assumpsit for goods sold and delivered. Plea, general issue, a discharge in bankruptcy, and also the statute of limitations. The defendant replied to the two last pleas. 1. A new promise since the discharge in bankruptcy. 2. A new promise within six years. : -The issues; by agreement of the parties, were tried by the court.
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Assumpsit for goods sold and delivered. Plea, general issue, a discharge in bankruptcy, and also the statute of limitations. The defendant replied to the two last pleas. 1. A new promise since the discharge in bankruptcy. 2. A new promise within six years. : -The issues; by agreement of the parties, were tried by the court. The plaintiff’s claim was for two tons of hay bid off by the defendant; at a sheriff’s sale on an execution in favor of Albert Rankin, against one Thomas Knox. On trial, it appeared and the court found from the testimony the following facts: ’ That plaintiff, in 1841, had…
1Opinion of the Court
The opinion of the court was delivered by
Isham J.
In this action of assumpsit, the defendant has pleaded the general issue, the statute of limitations, and a discharge in bankruptcy. To- each of which pleas, the plaintiff has replied, a subsequent promise by the defendant to pay the debt, upon which issue is taken.
The plaintiff’s claim is for hay sold by him, as sheriff, in 1841, on execution in favor of Albert Eankin, against Thomas Knox; but the execution, in reality, was the property of Calvin Morrill. The sale and purchase of the hay is distinctly proved in the case. To prove the sale, the…
2Cases cited6 opinions
- Phelps v. StewartSupreme Court of Vermont · 1839
- Paddock v. ColbySupreme Court of Vermont · 1846
- Mosher v. HubbardNew York Supreme Court · 1816
- Dean v. PittsNew York Supreme Court · 1813
- Gates v. GainesSupreme Court of Vermont · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. StevensSupreme Court of Vermont · 1860
- Fitzpatrick v. PeabodySupreme Court of Vermont · 1878
- Steele v. TowneSupreme Court of Vermont · 1856