Ware v. Childs
Supreme Court of Vermont
General Assumpsit for goods sold and delivered. Pleas, tbe general issue, payment, and offset. Trial by jury at the September Term, 1908, ‘Windham County, Miles, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the ease.
1Opinion of the CourtWatson, J.
One claim in defence was that plaintiff was not entitled to recover for the goods in question because they were furnished by a partnership of which the plaintiff was one of three partners. The plaintiff denied that they were so furnished, and when testifying in his own behalf, was asked in cross-examination questions and made answers as follows. ‘ ‘ Q. Now after using the stamp for a while, and stamping upon your billheads ‘and Co.’ after the name 0. 0. Ware you then had some bill-heads ‘and Co.’ printed, did you not, ‘0. 0. Ware & Co.’? A. I think there were some printed. I don’t know just…
2Cited by5 opinions
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