Sawyer v. Phaley
Supreme Court of Vermont
Assumpsit on a promissory note for two hundred and fifty dollars, made by the defendant, dated March 25, 1857, and payable to John Longee, or bearer, in one year from the 1st day of April next after its date, with interest annually. Plea the general issue and trial by jury, at the June Term, 1859, — Barrett, J. presiding. The plaintiff read the note declared upon in evidence, and rested his case.
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Assumpsit on a promissory note for two hundred and fifty dollars, made by the defendant, dated March 25, 1857, and payable to John Longee, or bearer, in one year from the 1st day of April next after its date, with interest annually. Plea the general issue and trial by jury, at the June Term, 1859, — Barrett, J. presiding. The plaintiff read the note declared upon in evidence, and rested his case. The testimony of the defendant tended to show that the note' came into the hands of one Foster soon after its execution'. The defendant called the plaintiff as a witness, and his testimóny' tended to…
1Opinion of the CourtAldis, J.
If the language used by the court is to be construed as an instruction to the jury that the evidence did not tend to show that Sawyer was a nominal, and Foster'the re'al plaintiff, or if it was incautiously expressed so as to lead the jury to suppose that the evidence introduced by the defendant for that purpose, was not to be considered by them, then it becomes our duty to inquire whether the facts proved by the defendant had such a legal tendency.
*73On the other hand, if the language was not intended as an instruction to the jury as to the legal tendency of the evidence, and if it was not…
2Cited by4 opinions
- Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
- Seviour's Admr. v. Rutland RailroadSupreme Court of Vermont · 1914
- Foss v. SherwoodSupreme Court of Vermont · 1932
- Bucklin v. NarkwichSupreme Court of Vermont · 1936