Wheeler v. Campbell
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the December term, 1894, Caledonia county, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The suit was brought to recover money in the hands oi the defendant which had beep received by him for certain property taken upon execution and sold by him, as an officer, in a suit in favor of Anthony LaFoe against George H. Wheeler.
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Assumpsit. Plea, the general issue. Trial by jury at the December term, 1894, Caledonia county, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The suit was brought to recover money in the hands oi the defendant which had beep received by him for certain property taken upon execution and sold by him, as an officer, in a suit in favor of Anthony LaFoe against George H. Wheeler. The plaintiff claimed said property by virtue oí a chattel mortgage executed by George H. Wheeler to himself October 5, 1892. The defendant insisted that this mortgage was…
1Opinion of the CourtTaft, J.
It was not error to admit parol testimony to show that that the consideration of the conveyance of the Canadian property from George H. Wheeler to the plaintiff was not the one expressed in the deed. It is not essential that the actual consideration of a deed be expressed therein. It may be shown by parol. Wood v. Beach, 7 Vt. 522.
The defendant insists that it was error to permit the plaintiff to state his understanding of the contract, andnotthe facts of the case. The defendant did state the facts. He stated that he remained at home “upon a family parol understanding and agreement” that he…
2Cases cited14 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- J. C. Hicks & Co. v. CramSupreme Court of Vermont · 1845
- Mercer v. PattersonIndiana Supreme Court · 1872
- Higbee v. McMillanSupreme Court of Kansas · 1877
- White v. LangdonSupreme Court of Vermont · 1858
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3Cited by7 opinions
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
- Newton v. American Car Sprinkler Co.Supreme Court of Vermont · 1914
- Citizens Savings Bank & Trust Co. v. Paradis & Sons, Ltd.Supreme Court of Vermont · 1929
- Hydro-Centrifugals, Inc. v. Crawford Laundry Co.Supreme Court of Connecticut · 1929
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