Sargeant v. Sargeant
Supreme Court of Vermont
Assumpsit upon a promissory note for $500,00, signed by the defendants, and made payable to the plaintiff, or order, in six months from date, with interest. Plea, the general issue, and trial by jury, Hebard, J., presiding.
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Assumpsit upon a promissory note for $500,00, signed by the defendants, and made payable to the plaintiff, or order, in six months from date, with interest. Plea, the general issue, and trial by jury, Hebard, J., presiding. On trial, after the plaintiff had proved the execution of the note, the defendants gave in evidence a written admission, signed by the plaintiff, acknowledging that he never paid any consideration for the note, but that the note was delivered by the defendant Benjamin B. Sargeant to Thomas Emerson, as collateral security for a note of $400,00 signed by Benjamin B. Sargeant…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
One question made in this case is, whether the admissions of the plaintiff of record are to be received in evidence. At common law the declarations and admissions of the party of record, although a mere trustee, are always admissible; Gibson v. Winter, 5 B. & Ad. 96, [27 E. C. L. 47] where the subject is fully discussed and the cases are cited and commented upon by Ch. J. Denman. But in this State a different rule has long prevailed. We do not allow the, admissions of a mere trustee to go to the jury. The payee of a promissory note, which…
2Cases cited2 opinions
- Sanford v. NortonSupreme Court of Vermont · 1845
- Woodruff v. WestcottSupreme Court of Connecticut · 1837
3Cited by11 opinions
- Conn. River Savings Bank v. AlbeeSupreme Court of Vermont · 1892
- First National Bank v. Farmers & Merchants National BankIndiana Supreme Court · 1908
- Paine v. TildenSupreme Court of Vermont · 1848
- Su Lee v. PeckNevada Supreme Court · 1925
- Halloran v. WhitcombSupreme Court of Vermont · 1871
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