Belknap v. Billings
Supreme Court of Vermont
Trespass for assault and battery. Pleas, the general issue, molliter manus imposuit in defence of the possession of defendant’s dwelling, self-defence, and' accord and satisfaction. Trial by jury at the December Term, 1904, Windsor County, Watson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The court should have complied with defendant’s request to charge.
Read the full summary
Trespass for assault and battery. Pleas, the general issue, molliter manus imposuit in defence of the possession of defendant’s dwelling, self-defence, and' accord and satisfaction. Trial by jury at the December Term, 1904, Windsor County, Watson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The court should have complied with defendant’s request to charge. Thascher v. Densmore, 5 Mass. 302; Fowler v. Bush, 21 Pick. 231; Hutchins v. Olcutt, 4 Vt. 549; Torry v. Baxter, 13 Vt. 432; Follett v. Steele, 16 Vt. 35; Farr v. Stevens, 26 Vt. 299; Coilamer v. Dcmgdons,…
1Opinion of the CourtHaseeton, J.
This was an action of trespass for assault and battery. .The defendant filed four pleas, one of which was that the defendant gave and the plaintiff accepted a certain promissory note in full satisfaction and discharge of the alleged cause of action. To this plea the plaintiff replied that the note therein mentioned was not accepted by the plaintiff in payment and satisfaction of the cause of action in the declaration alleged, but that the note was accepted as satisfaction only on condition that it be paid when due, and that the note was long overdue and remained unpaid.
At the June Term, 1902,…
2Cases cited1 opinion
- Belknap v. BillingsSupreme Court of Vermont · 1903