Trescott v. Baker
Supreme Court of Vermont
Assumpsit. The original declaration contained only the general money count. In the county court the plaintiff filed additional counts declaring upon a parol submission alleged to have been made by the plaintiff and the defendant of certain controversies between them respecting the moneys paid by each of them towards the purchase of certain lands owned by them in Brown-ington to the arbitrament of one Harry Bingham, and an award made by him thereon.
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Assumpsit. The original declaration contained only the general money count. In the county court the plaintiff filed additional counts declaring upon a parol submission alleged to have been made by the plaintiff and the defendant of certain controversies between them respecting the moneys paid by each of them towards the purchase of certain lands owned by them in Brown-ington to the arbitrament of one Harry Bingham, and an award made by him thereon. The defendant moved that the new counts be disallowed and dismissed on account of their declaring upon a new, distinct and independent cause of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The first error alleged against the proceedings, in the court below, is in allowing an amendment by which the plaintiff was allowed to introduce a count declaring specially upon the award, the original declaration containing only the general counts.
By the English practice, it would seem that, in an action upon the award, the party is allowed to declare upon the original cause of action, and treat the award as a liquidation of the matter merely, where the submission is by parol, as in the present case. This is the rule, too, in regard…
2Cases cited2 opinions
- Robinson v. MorseSupreme Court of Vermont · 1854
- Briggs v. BrewsterSupreme Court of Vermont · 1850
3Cited by2 opinions
- Timm v. BearWisconsin Supreme Court · 1871
- Sowles v. Hartford Life InsuranceSupreme Court of Vermont · 1911