Conner v. Carpenter
Supreme Court of Vermont
Trover for a horse. . Plea, the general issue; trial by jury, June Term, 1855, — Peck, J., presiding. The plaintiff bargained with Jesse M. Scofield, for a span of mares, and applied to the defendant to sign a note with, and as surety for him, to the said Scofield, in payment therefor, and it was finally agreed that the defendant should himself purchase the mares of Scofield, and give his note therefor, and that the plaintiff should transfer to Scofield the horse in…
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Trover for a horse. . Plea, the general issue; trial by jury, June Term, 1855, — Peck, J., presiding. The plaintiff bargained with Jesse M. Scofield, for a span of mares, and applied to the defendant to sign a note with, and as surety for him, to the said Scofield, in payment therefor, and it was finally agreed that the defendant should himself purchase the mares of Scofield, and give his note therefor, and that the plaintiff should transfer to Scofield the horse in question, which the plaintiff then owned, and that it should be included in the sale from Scofield to the defendant, and that…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
We have examined this bill of exceptions with some care, and, it seems to us, the case was correctly decided by the county court.
*240I. The offer to show by oral evidence that, at the time the contract was executed, the writing was agreed to be a sham, if admissible, would certainly afford a very expeditious mode of evading the rule that the writteh contract shall exclude all oral stipulations or deductions made at the same time. If this evidence is equivalent to an offer to show that it was part of a scheme to impose upon the plaintiff’s…
2Cited by11 opinions
- New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Carpenter v. McClureSupreme Court of Vermont · 1866
- Butler v. RockwellSupreme Court of Colorado · 1890
- Graham v. SavageSupreme Court of Minnesota · 1910
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