Burnham v. Courser
Supreme Court of Vermont
Assumpsit on a promissory note. Pleas, tbe general issue and statute of limitations. Replication to the plea of the statute, absence from and residence out of the State with no known attachable property therein. Rejoinder, traverse. Trial by jury, December Term, 1895, Windsor County, Rowell, J., presiding. The only question was whether the action was barred by the statute of limitations.
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Assumpsit on a promissory note. Pleas, tbe general issue and statute of limitations. Replication to the plea of the statute, absence from and residence out of the State with no known attachable property therein. Rejoinder, traverse. Trial by jury, December Term, 1895, Windsor County, Rowell, J., presiding. The only question was whether the action was barred by the statute of limitations. The defendant introduced no testimony but rested when the plaintiff did, and moved for a verdict, which was denied, and he excepted. There was evidence that the defendant took a lease of a hotel in Hartford,…
1Opinion of the CourtRoss, C. J.
The only contention is whether the action, on the note in suit, is barred by the statute of limitations. To this plea the plaintiff replied, absence from and residence out of the State, with no known property within it. Rejoinder, a traverse. The note is payable on demand, and dated May 19, 1868. Immediately upon giving it the defendant removed from and resided out of the State until about 1880. About that time he came to Barton and kept a hotel about a year. The defendant introduced no testimony.(1) He insists that the plaintiff’s testimony had no tendency to show that, after he ceased to…
2Cases cited7 opinions
- Hill v. BellowsSupreme Court of Vermont · 1843
- Rixford v. MillerSupreme Court of Vermont · 1877
- Wheeler v. BrewerSupreme Court of Vermont · 1848
- Mazozon v. FootSupreme Court of Vermont · 1826
- Stevens v. FisherSupreme Court of Vermont · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Green v. DodgeSupreme Court of Vermont · 1906
- Yatter v. SmilieSupreme Court of Vermont · 1900