Bigelow v. Stilphen
Supreme Court of Vermont
Assumpsit upon a-joint and several |promissory note, dated January 27th, 1860, for two hundred dollars, signed by the defendants, and payable in six months after date at No. 40, Courtland street, New York, with interest. The declaration also contained the usual general counts in assumpsit. The defendants pleaded the general issue, and the cause was tried by jury at the April term, 1861, Poland, Ch. J., presiding.
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Assumpsit upon a-joint and several |promissory note, dated January 27th, 1860, for two hundred dollars, signed by the defendants, and payable in six months after date at No. 40, Courtland street, New York, with interest. The declaration also contained the usual general counts in assumpsit. The defendants pleaded the general issue, and the cause was tried by jury at the April term, 1861, Poland, Ch. J., presiding. The plaintiffs produced the note declared on, and the defendants admitted the signatures thereto to be theirs. The defendants then gave evidence tending to prove the following facts…
1Opinion of the CourtPierpoint, J.
It is insisted that the county court erred in admitting evidence of the alteration of the note in controversy, as the defendant did not give notice, that upon the trial' he should *524deny the execution of the note, according to the requirement^ of the rule of the county court, 'when such is the intention.
Without undertaking to decide whether the admission of evidence by the county court in violation of its own rules of practice, is such an error as can be revised by this court upon exceptions, we are all clearly of the opinion, that in the admission of the evidence offered, there was no…
2Cases cited1 opinion
- Jackson ex dem. Malin v. MalinNew York Supreme Court · 1818
3Cited by23 opinions
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Kingan & Co. v. SilversIndiana Court of Appeals · 1894
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
- Bellows v. WeeksSupreme Court of Vermont · 1869
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