Blanchard v. Stone
Supreme Court of Vermont
. Action on the Case for false and fraudulent representations, alledged to have been made by the defendant on the sale to the plaintiffs of a contract in writing for the conveyance of certain real estate.
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. Action on the Case for false and fraudulent representations, alledged to have been made by the defendant on the sale to the plaintiffs of a contract in writing for the conveyance of certain real estate. The defendant pleaded in abatement, that, prior to the commencement of this action, the plaintiffs had brought a bill in chancery against him, alledging, as causes of complaint, the same matters which are set forth as eauses of action in this suit; and that said suit in chancery was still depending in the court of chancery at the time of filing the plea in abatement in this suit To this plea…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The defendant relies, in his plea in abatement, upon thé fact, that the plaintiff had pending, when this suit was commenced, a suit in chancery involving the same subject matter, for which the plaintiff claims damages in this action.
This plea is novel in kind, and I am not aware of an instance to be found in any of our books, where such a plea has been interposed ; yet this is not a conclusive argument that it ought not to be sustained, The general rule is, — though there may be some exceptions, as in case of a mortgagee, — that when a party…
2Cases cited1 opinion
- Rogers v. VosburghNew York Court of Chancery · 1819
3Cited by13 opinions
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Green v. UnderwoodCourt of Appeals for the Eighth Circuit · 1898
- Holmes County v. Burton Const. Co.Court of Appeals for the Fifth Circuit · 1921
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
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