Hassam v. Dompier
Supreme Court of Vermont
Assumpsit on a promissory note. Plea, the general issue ; and pleas in offset in assumpsit, and for covenant broken. Replication, non-assumpsit to the plea in offset of assumpsit; and two special replications to the plea in offset of covenant broken,-r,tq which the defendant demurred.
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Assumpsit on a promissory note. Plea, the general issue ; and pleas in offset in assumpsit, and for covenant broken. Replication, non-assumpsit to the plea in offset of assumpsit; and two special replications to the plea in offset of covenant broken,-r,tq which the defendant demurred. The demurrers were overruled by the county court, and the replications adjudged sufficient, at the September Term, 1855. — Poland, J. presiding; — and at the same term the issues of fact were, by agreement, tried by the court. The plaintiff produced the note declared on, and its execution was admitted. The…
1Opinion of the Court
The opinion of the court was delivered by
Bénnett, J.
The defendant has made no point, as to the decision of the court, upon the demurrers to the plaintiff’s pleas to the defendant’s declaration in offset for coyenant broken; and we gjiall treat that as wqived.
*33On the trial, the court excluded the evidence offered for the purpose of showing a partial failure of consideration for the note ; and the offer was, to show that the note was given, in fart, for the purchase of a piece of land, which was conveyed to the defendant by a deed of warranty, and that there was an outstanding mortgage upon it,…
2Cases cited2 opinions
- Greenleaf v. CookSupreme Court of the United States · 1817
- Burton v. SchermerhornSupreme Court of Vermont · 1849