Strong v. Strong
Supreme Court of Vermont
THIS was an action of assumpsit commenced in Rutland county court, upon a note of hand, a copy of which is recited in the exceptions which follow. Plea, the general issue, and judgment for the plaintiff.
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THIS was an action of assumpsit commenced in Rutland county court, upon a note of hand, a copy of which is recited in the exceptions which follow. Plea, the general issue, and judgment for the plaintiff. The cause came before this court on a motion by the defendant for a new trial founded on exceptions taken at the trial below, and allowed by the judges and certified up as follows:— On the trial of this cause, and after the plaintiff had read the note declared upon, the defendant gave in evidence a paper, made and delivered to him by said John Strong, in the words and figures following, to…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, J,
who, after stating the case, proceeded as follows : — Upon these exceptions two questions are raised:
1st. Whether the court rightly admitted the testimony offered by the plaintiff to avoid the force of the receipt produced by the defendant ?
2dly. Whether the court did right in rejecting the testimony offered by the defendant to show that S. W. Dana had no equitable interest in the note sued by reason of the contract of assignment ?
In disposing of the first point, we may observe, that its practical importance, and that intrinsick…
2Cases cited1 opinion
- Welch v. MandevilleSupreme Court of the United States · 1816
3Cited by6 opinions
- Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Paris v. HulettSupreme Court of Vermont · 1854
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- Steward v. DownerSupreme Court of Vermont · 1836
- Stiles v. FarrarSupreme Court of Vermont · 1846
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