Colston v. Bean
Supreme Court of Vermont
Case for deceit.- Plea, the general issue. Trial by jury at the December Term, 1904, Windsor County, Watson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The burden was on the defendant to prove that he had the permission of the mortgagee to sell the wagons. “He who affirms must prove.”
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Case for deceit.- Plea, the general issue. Trial by jury at the December Term, 1904, Windsor County, Watson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The burden was on the defendant to prove that he had the permission of the mortgagee to sell the wagons. “He who affirms must prove.” Patee v. Pelt on, 48 Vt. 182; Simonton v. Winter, 5 Pet. 141; x Rice Ev. 111, 112; Tucker v. Maryland, 46 D. R. A. 181; Frost v. Berkeley etc., Co., 26 L. R. A. 694; Hay v. Peterson, 34 D. R. A. 581. The only plea was the general issue. He who alleges fraud must prove it.…
1Opinion of the Court
Tyre®, J.
Action, case for the defendant’s alleged fraud in a sale to the plaintiff of certain wagons as free from incumbrance, when they were incumbered by a mortgage to W. H. Dubois; defence, that by an agreement with Dubois the defendant had a right to sell the wagons, also-, that’ the plaintiff bought them with knowledge of the mortgage.
The court instructed the jury that, as the plaintiff had alleged fraud in the sale, the burden was upon him to prove it by a preponderance of the evidence. The plaintiff contends that this was error; that, as the defendant had attempted to justify .the sale…
2Cases cited1 opinion
- Bosworth v. Chas. DeF. BancroftSupreme Court of Vermont · 1902
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- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
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