Gignac v. King, No. 535
| Docket Nº | No. 535 |
| Citation | 118 Vt. 413, 111 A.2d 42 |
| Case Date | January 04, 1955 |
| Court | United States State Supreme Court of Vermont |
Page 42
v.
Maurice W. KING.
Page 43
N. Henry Press, William B. Goldsbury, St. Albans, for plaintiff.
Ready & Brown, St. Albans, for defendant.
Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and CHASE, JJ.
ADAMS, Justice.
This is an action of tort to recover damages resulting from an automobile accident. The case has been here before. There the defendant had filed a special plea of [118 Vt. 414] a discharge in bankruptcy to which the plaintiff demurred. The demurrer was overruled and the plea adjudged sufficient. The plaintiff excepted and the cause was passed to this Court before final judgment. We held the plea sufficient, sustained the order overruling the demurrer and remanded the cause. Gignac v. King, 117 Vt. 563, 96 A.2d 824.
After the remand, the plaintiff filed a replication to the plea of a discharge in bankruptcy. The replication alleges in substance that the cause of action is for the wilful and malicious injury by the defendant to the plaintiff's property and to the person of the plaintiff's wife and that due to such acts it is not dischargeable in bankruptcy.
The defendant has filed a plea to the replication. This plea sets up in substance the prior proceedings above set forth in the trial court and in this Court. It then avers that the defendant's previous plea alleged that the cause of action declared on was a provable claim; that it was set forth in the petition in bankruptcy as a claim owing the plaintiff; that the plaintiff, although notified, made no objection to the defendant's discharge in bankruptcy; that the defendant was in fact discharged from all debts and claims including the claim of the plaintiff; that said facts were well pleaded and, therefore, under the ruling of this Court were admitted by the demurrer. The plea then alleges that the ruling of the trial court and of this Court in the matter constitutes a bar and that the plaintiff is not in a position to allege and prove that the cause of action is for the wilful and malicious injury by the defendant to the plaintiff's property and the person of the plaintiff's wife. The plea concludes with a prayer for judgment for the defendant inasmuch as the matter has been fully adjudicated.
No trial was had and judgment was entered for the defendant. The case is here on an exception allowed the plaintiff to this action of the trial court.
The Bankruptcy Act excepts from the discharge granted a bankrupt liabilities 'for willful and malicious injuries to the person or property of another'. 11 U.S.C.A. § 35. It is difficult, if not impossible, to formulate a general rule applicable to all cases. Whether a particular claim arising out of an automobile [118 Vt. 415] accident will be...
To continue reading
Request your trial
-
Price v. Rowell, No. 1308
...and it admits the truth of facts well pleaded. Theberge v. Canadian Pacific Railway Co., 119 Vt. 193, 197, 122 A.2d 848; Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42; Connecticut General Life Insurance Co. v. Levin, 115 Vt. 170, 171, 55 A.2d In support of the ruling appealed from, the defe......
-
Gifford Memorial Hospital v. Town of Randolph, No. 837
...unless it appears on the face of the bill. Smith v. Highway Board, 117 Vt. 343, 345, 91 A.2d 805; Gignac v. King, 118 Vt. 415, 418, 111 A.2d 42. [119 Vt. 68] The material facts alleged are: That the plaintiff is a nonprofit corporation organized under the laws of Vermont having no capital s......
-
Canfield v. Hall, No. 173
...as though the plaintiffs had demurred to it. A demurrer admits, the the purpose of its consideration, facts well pleaded, Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42; Theberge v. Canadian Pacific R. Co., 119 Vt. Page 888 193, 197, 122 A.2d 848; a demurrer is not aided by facts not appeari......
-
Theberge v. Canadian Pac. Ry. Co., No. 958
...Randolph v. Lyon, 106 Vt. 495, 498, 175 A. 1. A demurrer admits for the purpose of its consideration facts well pleaded. Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42. However, since it is alleged that the written instrument was drawn and executed by the defendant before it was presented to......
-
Price v. Rowell, No. 1308
...and it admits the truth of facts well pleaded. Theberge v. Canadian Pacific Railway Co., 119 Vt. 193, 197, 122 A.2d 848; Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42; Connecticut General Life Insurance Co. v. Levin, 115 Vt. 170, 171, 55 A.2d In support of the ruling appealed from, the defe......
-
Gifford Memorial Hospital v. Town of Randolph, No. 837
...unless it appears on the face of the bill. Smith v. Highway Board, 117 Vt. 343, 345, 91 A.2d 805; Gignac v. King, 118 Vt. 415, 418, 111 A.2d 42. [119 Vt. 68] The material facts alleged are: That the plaintiff is a nonprofit corporation organized under the laws of Vermont having no capital s......
-
Canfield v. Hall, No. 173
...as though the plaintiffs had demurred to it. A demurrer admits, the the purpose of its consideration, facts well pleaded, Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42; Theberge v. Canadian Pacific R. Co., 119 Vt. Page 888 193, 197, 122 A.2d 848; a demurrer is not aided by facts not appeari......
-
Theberge v. Canadian Pac. Ry. Co., No. 958
...Randolph v. Lyon, 106 Vt. 495, 498, 175 A. 1. A demurrer admits for the purpose of its consideration facts well pleaded. Gignac v. King, 118 Vt. 413, 416, 111 A.2d 42. However, since it is alleged that the written instrument was drawn and executed by the defendant before it was presented to......