Madden v. Spaulding
Supreme Court of Vermont
Action of Contract. Trial-by jury at the October Term, 1918, Windsor County, Slack, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The defendant brought his petition to the Supreme Court for a new trial on the ground of newly discovered evidence. On hearing the defendant made no claim on his exceptions, but relied solely upon his petition for a new trial. The opinion states the case.
1Opinion of the CourtWatson, C. J.
No claim is made upon the exceptions taken during the trial. The ease presented in this Court rests solely on defendant’s petition for a new trial on the ground of newly discovered evidence (1) relative to the quantity of stretchers made by Clarence E. Pinney and had by the plaintiff, and (2) as to missing page 127 of plaintiff’s account’book, marked Plaintiff’s Ex. 4, and the fraud and deceit practiced by him in keeping that page out, and in testifying that pages 158 and 198 contain a true account of all the dicker between him and Pinney.
The case was brought to recover the balance claimed by…
2Cases cited2 opinions
- McClendon v. McKissackSupreme Court of Alabama · 1904
- W. T. Rawleigh Co. v. PierceSupreme Court of Vermont · 1917
3Cited by2 opinions
- State v. MaguireSupreme Court of Vermont · 1927
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1924