Baird v. Fletcher
Supreme Court of Vermont
General Assumpsit. Plea, general issue, with notice of payment. Trial by the court, March Term, 1877, Ellis, Assistant J., presiding.
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General Assumpsit. Plea, general issue, with notice of payment. Trial by the court, March Term, 1877, Ellis, Assistant J., presiding. It appeared that the plaintiffs had been married for many years; that the plaintiff Martha and the defendant were the children of Noah Fletcher, who had been poor and unable to support himself and wife for many years, and during that time till about 1873, had been supported and cared for by the defendant, they living in his house and having some household furniture there; that the furniture in defendant’s house was insured in general terms, none being specified…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This is an action of general assumpsit, in which the plaintiffs sued as husband and wife. Plea, general issue, and notice of payment. The first question made by the defendant is upon the sufficiency of the declaration. It is claimed that it is defective in not distinctly describing the wife’s interest, and in what respect she is the meritorious cause of action. It is an elementary rule of pleading, that where the wife is joined with the husband in the action, and she is considered as the meritorious cause of action, that the declaration must…
2Cited by4 opinions
- Potter v. PotterSupreme Court of Vermont · 1892
- Jones v. TuttleSupreme Court of Vermont · 1882
- Williams v. BrainerdSupreme Court of Vermont · 1880
- Goodale v. Frost's Adm'rSupreme Court of Vermont · 1887