Richardson v. Sanborn
Supreme Court of Vermont
Assumpsit on a promissory note for fifty-five dollars, dated June 8th, 1857, made by the defendant and payable to J. J. Eichardson or bearer on demand. Plea, the general issue, and trial by jury at the June Term, 1859, Barrett, J., presiding. The plaintiff gave in evidence the note declared on and rested his case.
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Assumpsit on a promissory note for fifty-five dollars, dated June 8th, 1857, made by the defendant and payable to J. J. Eichardson or bearer on demand. Plea, the general issue, and trial by jury at the June Term, 1859, Barrett, J., presiding. The plaintiff gave in evidence the note declared on and rested his case. The defendant then offered to prove in substance that the note was given by him to the payee on a trade between them of a colt of the defendant for a toare of the payee ; that at the time of the trade the payee warranted the mare sound; that she proved to be unsound, and the…
1Opinion of the Court
Redfield, Ch. J.
The only question reserved in the present case is whether the testimony offered by the defendant, at the trial, should have been received, as tending to establish a good defence to the action. We must, in determining this question take the' testimony as it was offered and claimed, at the trial, provided it has any legal tendency to establish the facts claimed. We could not give the excepting party the benefit of a supposable construction of the testimony, which he did not claim in the court below, for the reason, that if he had presented that question, or view, at the trial,…
2Cases cited1 opinion
- Burton v. SchermerhornSupreme Court of Vermont · 1849
3Cited by3 opinions
- Hoyt v. McNallySupreme Court of Vermont · 1893
- American Nat. Bank v. WatkinsCourt of Appeals for the Seventh Circuit · 1902
- State v. Kory L. GeorgeSupreme Court of Vermont · 2022