Hubbard v. Fisher
Supreme Court of Vermont
Assumpsit for money had and-received. The defendant plea-' ded the general issue, and also pleaded in offset a judgment recovered against the plaintiff, on the third day of June, 1843, before one Philip Smith, justice of the peace, for- $99 86 damages and $1 95 costs. The plea in-offset contained the general counts in assumpsit also,- The plaintiff replied to the general counts non assumpsit, and to the plea in offset mil tiel record. The case was tried by jury.
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Assumpsit for money had and-received. The defendant plea-' ded the general issue, and also pleaded in offset a judgment recovered against the plaintiff, on the third day of June, 1843, before one Philip Smith, justice of the peace, for- $99 86 damages and $1 95 costs. The plea in-offset contained the general counts in assumpsit also,- The plaintiff replied to the general counts non assumpsit, and to the plea in offset mil tiel record. The case was tried by jury. On trial, the plaintiff offered in evidence a deed from himself to the defendant, dated the 15th day of June 1843, of a certain farm…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The testimony offered by the plaintiff, to defeat the judgment offered in offset by the defendant, was properly rejected. It was no more, nor less, than- an offer to disprove the force and validity of a judgment, by parol evidence. There is nothing to show, that the justice had not jurisdiction of the case, and as it was a judgment given upon confession of the debtor, the amount would make no difference.
As to the claim of the defendant for compensation for his services, in disposing of the trust property, it is no doubt true, that by…
2Cited by5 opinions
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