Churchill v. Smith
Supreme Court of Vermont
Indebitatus assumpsit for money had and received, &c. On trial the plaintiff introduced testimony tending to prove that $220 of his money had been received by the defendant, under an agreement of the defendant to refund it.
Read the full summary
Indebitatus assumpsit for money had and received, &c. On trial the plaintiff introduced testimony tending to prove that $220 of his money had been received by the defendant, under an agreement of the defendant to refund it. The defendant introduced testimony tending to prove that he had paid his addresses to the plaintiff’s wife, before her intermarriage with the plaintiff, and had made to her advances of money and clothing to the amount claimed by the plaintiff, under the expectation of her soon becoming his wife, and that she afterwards concluded to marry the plaintiff, and that the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The only question presented in this case is, whether the admissions of the wife, made after her intermarriage, are admissible in evidence in a suit brought by the husband. It is sufficient to say, the law is well established that such admissions cannot be received in evidence. When a wife acts as agent for her husband, her admissions, made while she acted as such agent, may be received, — being a part of the res gestes, — but in no other case. The argument is not sound, which has been urged, that, because she cannot be examined under…
2Cited by3 opinions
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
- Steer v. LittleSupreme Court of New Hampshire · 1860
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915