Barney v. Bliss
Supreme Court of Vermont
THIS was an action of assumpsit, on a promissory note of the following tenor, to wit, ' Jericho, April 18, 1814. “We jointly and severally promise to pay Truman Barmy ten thousand feet of good merchantable pine boards, on the first day of October, 1819, at the saw-mill by us hired of said Barney. (Signed,) samuel bliss, ELIAS BLISS, ■IRA BLISS.
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THIS was an action of assumpsit, on a promissory note of the following tenor, to wit, ' Jericho, April 18, 1814. “We jointly and severally promise to pay Truman Barmy ten thousand feet of good merchantable pine boards, on the first day of October, 1819, at the saw-mill by us hired of said Barney. (Signed,) samuel bliss, ELIAS BLISS, ■IRA BLISS. On the trial of the issue joined to the plaintiff’s replication to the defendant’s second plea in bar, the defendants offered to show by parol, that the agreement on which said note was given, and made at the time of the execution thereof, was, that…
1Opinion of the Court
And now, at this term, the cause was argued upon both motions ; whereupon the following opinion of the Court was pronounced by
Prentiss, J.
The application for a new trial is founded on exceptions to the opinion of the court, in the admission of certain testimony on the trial, and in the charge given to the jury. It appears that the plaintiff, in his replication, traversed the facts stated in the defendant’s plea in bar, and tendered an issue, which was joined.
Whatever evidence, therefore, was pertinent to prove the facts thus put in issue, was properly admissible; for, as no evidence not…
2Cases cited2 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Maryland Insurance v. Ruden's AdministratorSupreme Court of the United States · 1810
3Cited by9 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Osborne v. Grand Trunk Railway Co.Supreme Court of Vermont · 1913
- State v. LouanisSupreme Court of Vermont · 1907
- Bradley v. BentleySupreme Court of Vermont · 1836
- French v. Estate of ThompsonSupreme Court of Vermont · 1834
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