Lazell v. Lazell
Supreme Court of Vermont
Assumpsit, in four counts. The first count was upon a promissory note for thirty five dollars, given by the defendant, payable to the plaintiff or order, on demand,with interest an. annually, dated Nov. 23, 1834. The second count was upon a note for thirty dollars, given by the defendant, payable to the plaintiff on demand, dated September 23, 1834.' The third count was for money had and received, and the fourth for lands and tenements sold and conveyed by the plaintiff to…
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Assumpsit, in four counts. The first count was upon a promissory note for thirty five dollars, given by the defendant, payable to the plaintiff or order, on demand,with interest an. annually, dated Nov. 23, 1834. The second count was upon a note for thirty dollars, given by the defendant, payable to the plaintiff on demand, dated September 23, 1834.' The third count was for money had and received, and the fourth for lands and tenements sold and conveyed by the plaintiff to the defendant. The defendant pleaded non assumpsit, and a plea in offset for ninety dollars, money had and received by…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
— It does not appear, from the report itself, that the affidavit of the plaintiff was admitted in evidence to prove the loss of the note. It is not so stated in the affidavit of the defendant’s counsel, and the affidavit of the chairman of the reference expressly states, that it was rejected. The court below, then, were fully justified in finding the fact of its rejection, and it would indeed have been strange if that court had, upon the application of the defendant, set aside the report, simply on the ground that the referees had omitted to…
2Cases cited1 opinion
- McNair v. GilbertNew York Supreme Court · 1829
3Cited by11 opinions
- White v. MillerSupreme Court of Vermont · 1850
- Allen v. ReillyNevada Supreme Court · 1880
- Holton v. BrownSupreme Court of Vermont · 1846
- Hopkins v. AdamsSupreme Court of Vermont · 1848
- Hough v. BartonSupreme Court of Vermont · 1848
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