Seaver v. Wilder
Supreme Court of Vermont
Assumpsit. Pleas, the general issue, payment and offset. At the February term, 1895, Orleans county, the plaintiff had judgment and the case was referred to the clerk for the assessment of damages. Heard at the February term, 1896, -upon report of the clerk, Thompson, J., presiding. Judgment for the plaintiff in the sum found due. The defendant excepts. Upon an assessment of damages by the clerk evidence' may be received irrespective of the pleadings.
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Assumpsit. Pleas, the general issue, payment and offset. At the February term, 1895, Orleans county, the plaintiff had judgment and the case was referred to the clerk for the assessment of damages. Heard at the February term, 1896, -upon report of the clerk, Thompson, J., presiding. Judgment for the plaintiff in the sum found due. The defendant excepts. Upon an assessment of damages by the clerk evidence' may be received irrespective of the pleadings. Chamberlin v. Murphy, 41 Vt. no; Collins v. Smith, i6Vt.;9; Morey v. King, Fuller & Co., 49 Vt. 304. Evidence of an accord and satisfaction is…
1Opinion of the CourtRoss, C. J.
This is an action of assumpsit in the common counts. The defendant pleaded non-assumpsit, payment, and filed a declaration in set-off. While the pleadings were standing thus, the court rendered an interlocutory judgment for the plaintiff, and referred the assessment ol damages to the clerk. On the assessment before the clerk, against the exception of the plaintiff, the defendant was allowed to introduce testimony which he contends establishes an accord arid satisfaction of the cause of action, found by the clerk to exist in favor of the plaintiff. The interlocutory judgment conclusively…
2Cases cited7 opinions
- Chamberlin v. MurphySupreme Court of Vermont · 1868
- Hyde v. MoffatSupreme Court of Vermont · 1844
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Webb v. WebbSupreme Court of Vermont · 1844
- Bradley v. ChamberlainSupreme Court of Vermont · 1859
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