Wheeler v. Walker
Supreme Court of Vermont
Assumpsit, on a promissory note, dated Nov. 25, 1833, given by the defendant to Nomlas Cobb, or order, and by him indorsed. Plea, non-assumpsit. Issue to the country. This action was commenced before a justice of the peace and came, by appeal, to the county court.
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Assumpsit, on a promissory note, dated Nov. 25, 1833, given by the defendant to Nomlas Cobb, or order, and by him indorsed. Plea, non-assumpsit. Issue to the country. This action was commenced before a justice of the peace and came, by appeal, to the county court. Upon the trial in the county court, testimony was introduced, on the part of the defendant, tending to show that one Leland held, in his own name, a mail contract, onethi d of which was for the benefit of the defendant; that in November, 1833, two quarters’ pay for carrying the mail were due, one hundred and fifty dollars of which…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
— The evidence, in this case, proved, most conclusively, that the note in question was paid, and that it could not have come into the possession of the plaintiff until long after it was due and paid. The propriety of the ■decision, admitting testimony to prove that fact, is not questioned here. The only questions raised are, whether evidence ■of the testimony of Cobb, in a former trial of this cause, when both parties were present, is now to be received, (Cobb having since deceased) as he was not sworn. It appears that Cobb was a…
2Cited by2 opinions
- Trudeau v. LussierSupreme Court of Vermont · 1963
- Bliss v. HoughtonSuperior Court of New Hampshire · 1844