Noyes v. Rookwood
Supreme Court of Vermont
Assumpsit. Plea, general issue, with notice. Trial by jury, April Term, 1883, Takt, J., presiding. Yerdict for the plaintiffs. cited, 2 Jones Mort. ss. 950, 1505, 1561; Binsmore v. Savage, 68 Me. 191; Underwood v. Birchard, 41 Yt. 305; Smith v. Lamb, 1 Yt. 395; Lovell v. Leland, 3 Yt. 581. cited Rogers v. Judd, 6 Yt. 191; Jones v. Booth, 10 Yt. 268; Lindsay v. Imdsay, 11 Yt. 621; Sessions v. Newport, 23 Yt. 9; Riley v. Wheeler, 42 Yt. 328; 46 Yt. 558; Cooley Torts, 663; 2…
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Assumpsit. Plea, general issue, with notice. Trial by jury, April Term, 1883, Takt, J., presiding. Yerdict for the plaintiffs. cited, 2 Jones Mort. ss. 950, 1505, 1561; Binsmore v. Savage, 68 Me. 191; Underwood v. Birchard, 41 Yt. 305; Smith v. Lamb, 1 Yt. 395; Lovell v. Leland, 3 Yt. 581. cited Rogers v. Judd, 6 Yt. 191; Jones v. Booth, 10 Yt. 268; Lindsay v. Imdsay, 11 Yt. 621; Sessions v. Newport, 23 Yt. 9; Riley v. Wheeler, 42 Yt. 328; 46 Yt. 558; Cooley Torts, 663; 2 Hill. Mort. 230,240; 2. Jones Mort. 950.
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The defendants contend that the County Court erred in directing a verdict for the plaintiffs on the issue, whether there was an incumbrance in an outstanding lease on the premises for which the note in suit was given, at the time the premises were conveyed by the plaintiffs to the defendant Rockwood. This action of the County Court was erroneous if there was any evidence in the case tending to establish this issue in favor of the defendants. The exceptions disclosed no such evidence. It is there stated that it appeared that by the terms of…
2Cases cited1 opinion
- Lovell v. LelandSupreme Court of Vermont · 1831
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