Shampeau v. Connecticut River Lumber Co.

• Court: U.S. District Court — District of Vermont
• Citation: Shampeau v. Connecticut River Lumber Co., 42 F. 760 (D. Vt. 1890)
• Decision Date: 25 June 1890
• Parties: SHAMPEAU v. CONNECTICUT RIVER LUMBER CO.

42 F. 760

SHAMPEAU v. CONNECTICUT RIVER LUMBER CO.

United States Circuit Court, D. Vermont.

June 25, 1890

Smith &amp Sloane and C. A. Prouty, for plaintiff.

Ide &amp Stafford, for defendant.

Before LACOMBE and WHEELER, JJ.

PER CURIAM.

The second and third pleas set forth a release under seal. If the facts averred in the replication are relied upon as establishing the proposition that, through some fraud practiced upon him by the defendant, the plaintiff was deceived into signing a paper other and different from that which he intended to sign, they may be shown under a replication of non est factum. If, however, plaintiff relies upon facts showing only that through fraud and imposition the plaintiff was deceived as to his rights, and was thus induced to extinguish a valuable claim in consideration of the payment of a trifling sum, then he can avail of them only by a direct proceeding in equity to set aside the release.

George v. Tate, 102 U.S. 564. The replication to the second and third pleas must therefore be held bad on demurrer.

The fourth and fifth pleas set forth on accord and satisfaction and the payment of a specific sum agreed upon between plaintiff and defendant to be received by the former in full settlement of his claim. The replication...