Legal Opinion

Bank of Woodstock v. Clark

Supreme Court of Vermont

Decided March 15, 1853PublishedCited by 3 opinions

Debt, on judgment. Plea, payment and trial by jury. On trial, it appeared that the amount of the demand in suit had been paid to the plaintiffs by J. Lyman, the attorney, who held the same for collection. ' The plaintiffs insisted that the sum of $200,09 of the amount paid, had been paid by Gilman Henry, the sheriff, who held the alias execution upon the original judgment; and that this suit was commenced, and prosecuted by said Henry, for his own benefit.

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Debt, on judgment. Plea, payment and trial by jury. On trial, it appeared that the amount of the demand in suit had been paid to the plaintiffs by J. Lyman, the attorney, who held the same for collection. ' The plaintiffs insisted that the sum of $200,09 of the amount paid, had been paid by Gilman Henry, the sheriff, who held the alias execution upon the original judgment; and that this suit was commenced, and prosecuted by said Henry, for his own benefit. The plaintiffs offered the said Gilman Henry as a witness. It appeared that he was the sheriff, who held the original execution for…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The declarations of Gilman Henry were admitted on the trial of this case, and were properly received as original testimony. They were made at the time the money was paid— were a part of the transaction, and were calculated to illustrate the character and object of that payment. Such testimony has always been received, for the purpose of showing the application or appropriation of the money paid, and when made at the time of payment, they become part of the res gesta, and are admissible in evidence as such. 1 Greenleaf’s Evidence, § 108, and…

2Cases cited1 opinion

  1. Moore v. Administrator of RichSupreme Court of Vermont · 1840

3Cited by3 opinions

  1. Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
  2. Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
  3. Featherman's Administrator v. MillerSupreme Court of Pennsylvania · 1863

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