Walbridge v. Kibbee
Supreme Court of Vermont
Assumpsit upon a promissory note for $ 100, dated November 9„ 1837, and made payable to one Abbott, or order, in April, 1841. It appeared from the testimony of Abbott, that he sold the note to one Joseph A. Wing, sometime in the autumn of 1845, and indorsed it in blank. - The defendant offered the deposition of Jared H. Kibbee, — which was objected to by the plaintiff, for the reason that the plaintiff’s name is certified, in the caption, to be Henry F. Walbridge, and also…
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Assumpsit upon a promissory note for $ 100, dated November 9„ 1837, and made payable to one Abbott, or order, in April, 1841. It appeared from the testimony of Abbott, that he sold the note to one Joseph A. Wing, sometime in the autumn of 1845, and indorsed it in blank. - The defendant offered the deposition of Jared H. Kibbee, — which was objected to by the plaintiff, for the reason that the plaintiff’s name is certified, in the caption, to be Henry F. Walbridge, and also for the reason, that the deposition was not attached to the wrapper, nor in any way marked by the clerk, so as to…
1Opinion of the Court
*545The opinion of the court was delivered by
Redfield, J.
The first objection made to the regularity of the trial in this case is, that the deposition of Jared H. Kibbee was not properly filed,— the wrapper not being attached to the deposition, and the filing of the clerk being upon the wrapper. The question of the identity of the deposition was one of fact, to be determined by the county court; and their determination is final.
The objection, that the deposition, in the caption and certificate, describes the plaintiff as Henry F. Walbridge, has been too often overruled, to be now brought in doubt.…
2Cases cited2 opinions
- Britton v. Bishop & EvertsSupreme Court of Vermont · 1839
- Isaacs v. WileySupreme Court of Vermont · 1839
3Cited by6 opinions
- Armstrong v. NobleSupreme Court of Vermont · 1883
- Northern Trust Co. v. PerrySupreme Court of Vermont · 1933
- Pecker v. SawyerSupreme Court of Vermont · 1852
- Wills & Fairbanks v. JuddSupreme Court of Vermont · 1854
- Leavitt v. PeabodySupreme Court of New Hampshire · 1882
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