Slasson v. Davis
Supreme Court of Vermont
IN ERROR. Francis Slasson commenced his action before a justice of the peace, against Josiah Davis and William, Davis, on a note of hand, by them executed to him ; which action went by appeal to the county court. At the county court, the defendants pleaded, first, the general issue: and. secondly, a plea in offset, of a book account, in favour of Josiah Davis against the plaintiff, which issues were joined to the Court.
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IN ERROR. Francis Slasson commenced his action before a justice of the peace, against Josiah Davis and William, Davis, on a note of hand, by them executed to him ; which action went by appeal to the county court. At the county court, the defendants pleaded, first, the general issue: and. secondly, a plea in offset, of a book account, in favour of Josiah Davis against the plaintiff, which issues were joined to the Court. Among the items in Josiah Davis’s account, was a charge of $21 for cash paid the plaintiff. On the trial, Josiah Davis was offered as a witness in support of his said account;…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
It appears by the bill of exceptions in this case, that in the account of Josiah Davis, against the plaintiff, was an item of twenty-one dollars, which was alleged to have been delivered and received in part payment of the note now sued. Davis himself was offered as a witness to prove the payment of this sum, and was admitted by the county court, though objected to by the plaintiff. The Court are clearly of opinion, *74that this proceeding was wrong. To allow a party to charge on book, and prove by his oath, payments expressly made and received…
2Cited by3 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Jewett v. WinshipSupreme Court of Vermont · 1869
- Soule v. DoughertySupreme Court of Vermont · 1852