Bradley Fertilizer Co. v. Fuller
Supreme Court of Vermont
Petition for new trial. The affidavit of the plaintiff’s attorney stated, in part: “ As to the testimony of the kind given in the deposition of B. W. Currier, I did have some knowledge, and intended to use it on said trial; but I was somewhat in doubt as to its admissibility, and what .the court would do in admitting it. I, therefore, had one witness as to such testimony brought from Boston, and offered it; and it was excluded by the court.
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Petition for new trial. The affidavit of the plaintiff’s attorney stated, in part: “ As to the testimony of the kind given in the deposition of B. W. Currier, I did have some knowledge, and intended to use it on said trial; but I was somewhat in doubt as to its admissibility, and what .the court would do in admitting it. I, therefore, had one witness as to such testimony brought from Boston, and offered it; and it was excluded by the court. I did this the first day of the trial, so that I could telegraph to Boston for others that night and have them in court the next morning on the going in…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The plaintiff offered to show that when *317Hosea Welch, 2d, accompanied and assisted by Hosea Welch, Jr., was in Boston early in October, 1882, purchasing goods, the latter made false representations in regard to the financial standing and condition of Hosea Welch,'2d, in the presence of said Welch, 2d. Goods to the amount of about $2,700 were purchased on credit at that time, and the representations were made in connection with the purchase of such goods. The phosphate replevied in this suit was ordered by Hosea Welch, 2d, October 28, 1882,…
2Cases cited2 opinions
- Eastman v. PremoSupreme Court of Vermont · 1877
- Pierce v. HoffmanSupreme Court of Vermont · 1852
3Cited by7 opinions
- Fulwider v. WoodsSupreme Court of Arkansas · 1971
- Land Finance Corp. v. Sherwin Electric Co.Supreme Court of Vermont · 1929
- White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898
- State v. WhiteSupreme Court of Vermont · 1897
- Massucco v. TomassiSupreme Court of Vermont · 1905
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