Viles v. Moulton
Supreme Court of Vermont
Assumpsit, on a promissory note. The declaration was in common form. Plea non assumpsit and issue to the country. On the trial in the county court, the plaintiffs stated that the note declared upon had been lost since the commencement of the suit, and to prove this fact he introduced the following testimony.
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Assumpsit, on a promissory note. The declaration was in common form. Plea non assumpsit and issue to the country. On the trial in the county court, the plaintiffs stated that the note declared upon had been lost since the commencement of the suit, and to prove this fact he introduced the following testimony. The Hon. Jacob Collamer testified that he, as attorney for the plaintiffs, made the writ in this suit, and on that occasion had in his possession the note described in the declaration, and also another similar note, on which another writ was made between the same parties; that after the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
Two questions are presented for the consideration of the court in this case. The first, only, is decided. The court are not unanimous as to the second^ *515question, and when the court is holden by three judges only, all must concur in the decision.
The first question is, whether the court below was-correct in admitting secondary evidence of the contents of the note . ^ „ declared on, from the evidence before them of the loss or the original. It is evidently a question of considerable importance to determine in what cases, on the trial of…
2Cases cited2 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Betts v. StarrSupreme Court of Connecticut · 1825
3Cited by3 opinions
- Zinn v. Tobin Packing Co., Inc.Supreme Court of Vermont · 1981
- Buzzell v. CummingsSupreme Court of Vermont · 1888
- Thrall v. ToddSupreme Court of Vermont · 1861