Birney v. Martin
Supreme Court of Vermont
This Was an action of debt upon a replevin bond. The defen - dants pleaded in bar an accord and satisfaction, to wit, the pay - ment and delivery to the plaintiff, before the commencement of this action, a certain pair of oxen, and certain goods described, &cc. which the plaintiff received in full satisfaction, &c.
Read the full summary
This Was an action of debt upon a replevin bond. The defen - dants pleaded in bar an accord and satisfaction, to wit, the pay - ment and delivery to the plaintiff, before the commencement of this action, a certain pair of oxen, and certain goods described, &cc. which the plaintiff received in full satisfaction, &c. To this plea the plaintiff replied, that before Such accori], &c. to wit, on &c. he, for a valuable consideration, assigned said causo of action to one Roger Birney, of which the defendants had notice,and that their payment to the plaintiff was in fraud of said Roger. The…
1Opinion of the Court
Hutchinson, C. J.,
delivered the opinion of the court. — The exceptions in this case present the single question, whether the charge of the court to the jury was correct. The first part of the charge was clearly correct; for it left to the jury the contested question, to be decided by them, upon the testimony given pertinent to the issue. Indeed, there is no dispute about that part of the charge, if the court had stopped there, without authorizing the jury to find for the defendants, if they could presume from the evidence, detailed in the case, that Timothy Birney, the plaintiff, acted as…
2Cited by1 opinion
- Fullam v. CummingsSupreme Court of Vermont · 1844