Carpenter v. McClure
Supreme Court of Vermont
This was an action of assumpsit, on a promissory note, and on the general counts. The defendant filed, among others, a plea of the statute of limitations, to which the plaintiff rejoined, and the defendant demurred to the rejoinder, which demurrer was sustained by the Supreme Court, at its January Term, 1866, and the plaintiff had leave to amend upon the usual terms.
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This was an action of assumpsit, on a promissory note, and on the general counts. The defendant filed, among others, a plea of the statute of limitations, to which the plaintiff rejoined, and the defendant demurred to the rejoinder, which demurrer was sustained by the Supreme Court, at its January Term, 1866, and the plaintiff had leave to amend upon the usual terms. At the April Term of this court, 1866, the plaintiff amended his said replication, and at the September Term, 1866, the defendant demurred to said amended replication. The court overruled the demurrer and rendered judgment for…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an action of assumpsit on a promissory note, and also on the common counts for money had and received, &c. To the whole declaration the defendant pleaded that the causes of action did not accrue within six years next before the commencement of the suit. In the amended replication to this plea, the plaintiff replied to the plea, so far as it related to the count on the note-, that the note declared on was signed in the presence of an attesting witness, who, at the time when it was made and before its delivery, signed it as such…
2Cases cited3 opinions
- Buell v. WarnerSupreme Court of Vermont · 1861
- Onion v. ClarkSupreme Court of Vermont · 1846
- Bragg v. FletcherSupreme Court of Vermont · 1848
3Cited by3 opinions
- Willey v. CarpenterSupreme Court of Vermont · 1891
- Johnson v. Wells-Lamson Quarry Co.Supreme Court of Vermont · 1931
- Walker v. Wooster's Admr.Supreme Court of Vermont · 1889