Winn v. Chamberlin
Supreme Court of Vermont
Complaint eor bastardy. Plea not guilty, with notioe that the defendant would rely on a settlement and discharge from the plaintiff. The cause was tried by the court at the December Term, 1858, — Poland, J., presiding.
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Complaint eor bastardy. Plea not guilty, with notioe that the defendant would rely on a settlement and discharge from the plaintiff. The cause was tried by the court at the December Term, 1858, — Poland, J., presiding. The defendant admitted that he was the father of the plaintiff’s bastard child, but he offered in evidence the following receipt: “ Danville, January 26th, 1858. Received of Harry Chamberlin the sum of fifteen hundred dob lars, and in consideration thereby I hereby release and discharge the said Chamberlin from all contracts of marriage with myself, and from all claims for…
1Opinion of the Court
Eedfield, Ch. J.
The only question in the present case is, whether the testimony, offered to show that the present cause of actiou was compromised and settled, should have been received. The testimony was rejected on the ground that it was not compatible with the writing executed between the parties' at the time ■of the settlement. It is not claimed that it tended to contradict the writing, but that it made an important addition to it, and that the writing must be presumed to contain the whole contract at that time made between the parties. That is undoubtedly the general presumption in such…
2Cases cited5 opinions
- White v. MillerSupreme Court of Vermont · 1850
- Ensworth v. DavenportSupreme Court of Connecticut · 1832
- Learned v. BellowsSupreme Court of Vermont · 1836
- Giddings v. MunsonSupreme Court of Vermont · 1827
- Harwood v. Estate of HarwoodSupreme Court of Vermont · 1850
3Cited by12 opinions
- Wood v. JamesSupreme Court of Vermont · 1918
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- Dunnett & Slack v. GibsonSupreme Court of Vermont · 1906
- Holbrook Grocery Co. v. ArmstrongSupreme Court of Vermont · 1923
- Dixon v. BlondinSupreme Court of Vermont · 1886
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