Pingree v. Johnson
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, accord and satisfaction and payment. Trial by jury at the December Term, 1895, Windsor County, Rowell, J., presiding. The action was brought to recover a balance claimed to be due from the defendant to the plaintiff’s intestate upon account.
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General Assumpsit. Pleas, the general issue, accord and satisfaction and payment. Trial by jury at the December Term, 1895, Windsor County, Rowell, J., presiding. The action was brought to recover a balance claimed to be due from the defendant to the plaintiff’s intestate upon account. The defendant’s evidence tended to show that a payment of ten dollars, made by his wife to the plaintiff’s attorney in the defendant’s presence and by his direction, was made and received in full settlement; that his wife, as his agent, kept all his books and at the time of this payment made a memorandum…
1Opinion of the Court
Taft, J.(1) The memorandum was not admissible as evidence confirmatory of the defendant’s testimony; it was not the entry of a transaction creating an indebtedness, like the sale of goods, or performance of services, regularly charged upon the account book of a party, but a memorandum made upon the stub of a receipt book. It can be regarded in no other light than a private memorandum made to preserve the fact in the recollection of the party making it. As the defendant did not know what the memorandum was, it could not be used to strengthen his memory; it had not the force of independent…
2Cases cited3 opinions
- Lunay v. VantyneSupreme Court of Vermont · 1868
- Eastabrooks v. PrentissSupreme Court of Vermont · 1861
- Pierce v. BradfordSupreme Court of Vermont · 1891
3Cited by2 opinions
- Fish v. BloodworthSupreme Court of Oklahoma · 1912
- Miller v. StebbinsSupreme Court of Vermont · 1905