Jewett v. Winship
Supreme Court of Vermont
This case, being an action of assumpsit on a note, was heard by the court, March term, 1869, Peck, J., presiding, on special report of referees, upon which report the court pro forma rendered judgment for the plaintiff in accordance with the report; to which decision the defendants excepted..
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This case, being an action of assumpsit on a note, was heard by the court, March term, 1869, Peck, J., presiding, on special report of referees, upon which report the court pro forma rendered judgment for the plaintiff in accordance with the report; to which decision the defendants excepted.. The referees’ report is as follows : “ The plaintiff presented a promissory note, signed by the defendants, dated June 6,1866, payable to Luqius B. Peck, or order, with annual interest, for the sum of $700, which note was admitted to be genuine, and to be due at this time, except the defendants claimed…
1Opinion of the Court
The opinion of the court was .delivered by
Barrett, J.
The only question in this case is whether Winship was competent as a witness under the last clause of section 24 of chapter 36 of the General Statutes.' He claimed that he had paid $400 on the note that had been sued in this case, and the purpose for which he was offered as a witness was to prove such payment by authenticating a memorandum made in pencil in his pass-book, and then giving that memorandum in evidence. Without considering whether such a book, so kept, and containing an entry so made, falls within the purview of that provision…
2Cases cited5 opinions
- Lapham v. KellySupreme Court of Vermont · 1862
- Strong v. McConnellSupreme Court of Vermont · 1838
- Bronson v. RuggSupreme Court of Vermont · 1867
- Chellis v. WoodsSupreme Court of Vermont · 1839
- Slasson v. DavisSupreme Court of Vermont · 1826
3Cited by5 opinions
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Stanley v. TurnerSupreme Court of Vermont · 1896
- Gregory v. JonesMissouri Court of Appeals · 1903
- Parris v. Bellows's EstateSupreme Court of Vermont · 1880
- Patton v. Cardiner Bros.Supreme Court of Vermont · 1899