Rider v. Robbins
Cases that cite this one
8 later published cases cite this decision.
- National House Furnishing Co. v. Anderson (Mass. 1944)
- Massachusetts Mutual Life Insurance v. Green (Mass. 1904)
- Clark v. Whittaker Iron Co. (Mo. Ct. App. 1881)
- Inhabitants of Cape Elizabeth v. Lombard (Me. 1879)
- Newmarket Iron Foundry v. Harvey (Superior Court of New Hampshire 1851)
- Brown v. Webber (Mass. 1850)
- McQuesten v. Young (Superior Court of New Hampshire 1848)
- Mardis' Adm'rs v. Shackleford (Ala. 1844)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The errors assigned in this case are not supported. With respect to the first count, it is in a form which has been in use and practice as long as the memory of the oldest practitioner can reach ; and it is too late to question it on nice technical objections. Although a schedule annexed to a writ in replevin or trover is held to make no part of the declaration, yet, in indebitatus assumpsit, it has been uniformly allowed, for more than thirty years, to supply a particular allegation in the body of the declaration.
* With regard to the second error assigned ; if the supposed defect existed, we are not clear that it would not have been cured by the verdict. But the averment at the close of the original declaration may well be applied to both of the counts ; and the authorities show clearly, that one averment of a request and refusal to pay is sufficient for any number of counts in assumpsit.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.