Griffin v. Murdock

Decided January 10, 1896

Supreme Judicial Court of Maine · decided 1896-01-10

On exceptions. This was an action of assumpsit containing a count against defendant as indorser of a promissory note and the general omnibus or money counts with no specification under the money counts. To the count against defendant as indorser and to the count upon an account stated in the omnibus count contained, the defendant pleaded the general issue, but to each of the other counts he filed a special demurrer at the first term.

Decided 1896-01-10

Strout, J.

¶1The count specially demurred to in this case, combines in one all the money counts, with one for goods sold and delivered, work and labor and an account stated. It is in *258the form which has Jong been in use, and is commonly called an omnibus count. It is indorsed by Mr. Chittyin his work on Pleading, vol. 1, pp. 343, 349 ; and the form of the count given by him in vol. 3, p. 89, is substantially the same as the one under consideration. It was approved in Webber v. Tivill, 2 Saunders, 122, and was held good by this court in Cape Elizabeth v. Lombard, 70 Maine, 400. It has been sustained-by practice and authority for so long a time, that it must now bo considered settled and at rest.

¶2Exceptions overruled.