W. T. Rawleigh Co. v. Pierce
Supreme Court of Vermont
Petition for a new trial, on the ground of newly discovered evidence, and surprise. Heard at the May Term, 1917, Supreme Court, on petition, answer and depositions of witnesses. The action was in contract and the trial below was by court at the December Term, 1915,-Windsor County, Miles, J., presiding. Judgment for defendants. The plaintiff petitioned for a new trial. The opinion states the case.
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Petition for a new trial, on the ground of newly discovered evidence, and surprise. Heard at the May Term, 1917, Supreme Court, on petition, answer and depositions of witnesses. The action was in contract and the trial below was by court at the December Term, 1915,-Windsor County, Miles, J., presiding. Judgment for defendants. The plaintiff petitioned for a new trial. The opinion states the case. The evidence which occasioned the surprise having been offered at the close of the trial, a new'trial may be allowed although a continuance was not asked for. Hemmenway V. Lincoln, 82 Vt. 465;…
1Opinion of the CourtPowers, J.
The new trial here sought cannot be granted. It appears that the plaintiff, a non-resident corporation, brought a county court suit against; the defendants therein seeking to recover on an instrument of indemnity purporting to be signed by them as guarantors of one Thompson. To that suit the defendants pleaded the general issue and gave notice under the rule that they should deny their signatures to the instrument *46sued on. A trial was had by the court and judgment was for the defendants. At that trial the one important question was, did the defendants sign the contract in question? They…
2Cases cited3 opinions
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912
- Hemmenway v. LincolnSupreme Court of Vermont · 1909
- First National Bank v. Briggs's AssigneesSupreme Court of Vermont · 1898
3Cited by2 opinions
- Madden v. SpauldingSupreme Court of Vermont · 1920
- Halloran v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1921