First Nat. Bank of North Bennington v. Bennington

■WHEELER, District Judge.

This is a motion for a new’ trial, in an action of assumpsit upon coupons from the bonds of the defendant, issued in aid of the Lebanon Springs Railroad Company, a corporation existing under the laws of New York, under No. 1 of | the Special Session Laws of Vermont 1867, after a verdict for the plaintiff, directed by the court, at last term.

The grounds urged in support of the motion ; are, that, upon the evidence in the case, the ■ action cannot be maintained, because the : bonds are under seal, and, therefore, as-sumpsit is not the proper form of action; that the…