Ide v. Passumpsic & Connecticut Rivers Railroad
Supreme Court of Vermont
The plaintiff's declaration contained six counts. The fifst was as follows: “In a plea for that the said defendants, heretofore, to wit, on the first day of December', 1849, executed their bond of that date,- No. 114, signed by their President, Erastus Fairbanks, and their Treasurer, Nathaniel P. Lovering, acknowledging that they were indebted to Joseph Tilden, or hearer, in the sum of two hundred dollars, and promising to pay said sum to the holder of said bond at the…
Read the full summary
The plaintiff's declaration contained six counts. The fifst was as follows: “In a plea for that the said defendants, heretofore, to wit, on the first day of December', 1849, executed their bond of that date,- No. 114, signed by their President, Erastus Fairbanks, and their Treasurer, Nathaniel P. Lovering, acknowledging that they were indebted to Joseph Tilden, or hearer, in the sum of two hundred dollars, and promising to pay said sum to the holder of said bond at the office of their treasurer in Boston, on the first day of December, 1856, and the interest semi-annually, and the plaintiff…
1Opinion of the Court
Redfield, Ch. J.
The only question which seems to be raised in the argument of the demurrer in this case, is in regard to the form of the action and the joinder of counts. There can be no question that the whole declaration is in assumpsit. The only remaining- question then seems to be, whether the term bond, is such an indication of the form of the contract as to exclude an action of assumpsit? It is true, in Denton v. Adams, 6 Vt. 40, the court held that the words “ writing- obligatory,” in a declara-' tion Upon a jail bond, imported that the instrument was signed *299and sealed, since it would…
2Cases cited1 opinion
- Denton v. AdamsSupreme Court of Vermont · 1834
3Cited by7 opinions
- Shields v. WilliamsTennessee Supreme Court · 1929
- Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
- Dunn v. Auburn Electric Motor Co.Supreme Judicial Court of Maine · 1898
- Cass Bank & Trust Co. v. SheehanCourt of Appeals for the Eighth Circuit · 1938
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
2 more not listed; retrieve them via the Exa API.