Willard v. Goodenough
Supreme Court of Vermont
General Assumpsit. Plea, the general issue, and trial by jury, at the April Term, 1857,— Underwood, J., presiding. The plaintiff read in evidence, on trial, a promissory note, dated April 20, 1852, for one hundred and twenty-five dollars, signed by the defendant, and payable to the plaintiff on demand with interest, with an indorsement thereon, under the date of May 25,1852. The only question in controversy before the jury, was whether the money paid by the defendant on the…
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General Assumpsit. Plea, the general issue, and trial by jury, at the April Term, 1857,— Underwood, J., presiding. The plaintiff read in evidence, on trial, a promissory note, dated April 20, 1852, for one hundred and twenty-five dollars, signed by the defendant, and payable to the plaintiff on demand with interest, with an indorsement thereon, under the date of May 25,1852. The only question in controversy before the jury, was whether the money paid by the defendant on the note at the time of the indorsement was twenty-five or seventy-five dollars ; the plaintiff claiming that the…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
I. The first question raised by the bill of exceptions and discussed by counsel, being in relation to the manner of cross-examining Asa P. Goodenough, we pass, without expressing any opinion upon it.
*396II. The plaintiff called Steen, as a witness, to impeach the character of the defendant for truth. On cross-examination, the defendant’s counsel asked him “ if he would believe the defendant on oath.” The court, on objection, ruled out the question.
Under the rule, as well settled in this state, such a question could not be put on the direct…
2Cases cited2 opinions
- Fraser v. TupperSupreme Court of Vermont · 1857
- Glass v. BeachSupreme Court of Vermont · 1833
3Cited by14 opinions
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- State v. SummarSupreme Court of Missouri · 1898
- Fry v. StateTennessee Supreme Court · 1896
- People v. HaynesNew York Supreme Court · 1869
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