Terryberry v. Woods
Supreme Court of Vermont
. ■ Assumpsit in the common counts. Pleas, the general issue, payment and offset. Trial by jury at the June Term, 1896, Bennington County, Start, J., presiding. The plaintiff sought to recover one thousand dollars and interest which she claimed the defendant had collected for her and failed to pay her on request. The verdict was for the full amount.
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. ■ Assumpsit in the common counts. Pleas, the general issue, payment and offset. Trial by jury at the June Term, 1896, Bennington County, Start, J., presiding. The plaintiff sought to recover one thousand dollars and interest which she claimed the defendant had collected for her and failed to pay her on request. The verdict was for the full amount. The defendant claimed that he had paid five hundred dollars on one occasion to the plaintiff herself and two hundred and fifty dollars on another occasion to the plaintiff’s mother for the plaintiff, and introduced receipts for such payments…
1Opinion of the CourtTaet, J.
The burden of proving a fact alleged in a judicial proceeding is upon the person making the allegation, and this burden of proof, as it is called, never changes, but remains upon the alleging party throughout the trial. As the testimony upon the tidal is introduced, the weight of the evidence may vary from side to side, but the burden of proof remains upon the one making the allegation.
The defendant pleaded payment, and by so doing assumed the burden of proving it.
The defendant was not entitled to binding instructions upon a portion of the evidence, applicable to a single question. The…
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- Illinois Steel Bridge Co. v. WaylandSupreme Court of Kansas · 1920
- Shlopak v. DavisonDistrict of Columbia Court of Appeals · 1943
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