Legal Opinion

Stevenson v. Hugh Gunning's Estate

Supreme Court of Vermont

Decided May 15, 1892PublishedCited by 23 opinions

This was an appeal from the award of commissioners for the allowance of claims against the estate of Hugh Gunning. The action was assumpsit for the amount of a promissory note. Pleas, the general issue, statute of limitations and notice under the statute, denying the genuineness of the signature to . the note. Trial by jury at the June term, 1891, Munson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts.

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This was an appeal from the award of commissioners for the allowance of claims against the estate of Hugh Gunning. The action was assumpsit for the amount of a promissory note. Pleas, the general issue, statute of limitations and notice under the statute, denying the genuineness of the signature to . the note. Trial by jury at the June term, 1891, Munson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The note was dated June 1st, 1886, for the sum of $4550, payable to the plaintiff or order. The evidence of the plaintiff tended to show that from 1859 he had…

1Opinion of the Court

*608The opinion of the court was delivered by

ROSS, Ch. J.

1. The first contention is whether the County Court erred in excluding testimony offered in rebuttal, to show that the plaintiff’s sister, who had been a material witness in his behalf, sustained a good reputation and character for truth and veracity. She had been cross-examined at great length, and it was claimed by the defendant that her story was improbable,, and unworthy of belief, that it was false and perjured. The defendant did not claim that she had made statements out of court different from her statements in court, nor was any…

2Cases cited8 opinions

  1. State v. RoeSupreme Court of Vermont · 1840
  2. Bradish v. BlissSupreme Court of Vermont · 1862
  3. Town of Greensborough v. Town of UnderhillSupreme Court of Vermont · 1839
  4. Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
  5. Paine v. TildenSupreme Court of Vermont · 1848

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3Cited by23 opinions

  1. Mercer v. StateSupreme Court of Florida · 1898
  2. Freeman v. BlountSupreme Court of Alabama · 1911
  3. Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
  4. State v. LapanSupreme Court of Vermont · 1928
  5. Spurr v. United StatesCourt of Appeals for the Sixth Circuit · 1898

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