Legal Opinion

Hall v. Jones

Supreme Court of Vermont

Decided January 15, 1883PublishedCited by 1 opinion

Trespass on the case for fraud in selling by the defendants and one Munson an undivided interest of ohe-twentieth in two certain mines in Nevada. Said Munson was joined as defendant; but there was a non est return of the writ as to him, and there was no appearance by him in the action. Plea, general issue. Trial by jury, December Term, 1876, Pierpoint, Ch. J., presiding ; and verdict for the plaintiff.

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Trespass on the case for fraud in selling by the defendants and one Munson an undivided interest of ohe-twentieth in two certain mines in Nevada. Said Munson was joined as defendant; but there was a non est return of the writ as to him, and there was no appearance by him in the action. Plea, general issue. Trial by jury, December Term, 1876, Pierpoint, Ch. J., presiding ; and verdict for the plaintiff. The sale was in October, 1867. The following in the deposition of one Oomins was admitted against the objection of the defendants: “ When he (Munson) came back, I think in 1868, he knew the…

1Opinion of the Court

*299The opinion of the court was delivered by

Redfield, J.

This is an action on the case for deception and fraud in selling shares in certain mines in Nevada.

The trial of the case seems in the main to have been considerate and fair ; but we think there must be awarded a new trial for certain errors in the admission of testimony. Comins was allowed to testify as to what Munson told him about the transaction several months after the sale to Hall. So that what he narrated at that time was merely narrative in its character, and not legal evidence. State v. Thibeau, 30 Vt. 100 ; Greenl. Ev. ss. 113, 114.

2Cases cited4 opinions

  1. State v. ThibeauSupreme Court of Vermont · 1858
  2. State v. HopkinsSupreme Court of Vermont · 1877
  3. Hodge v. Town of BenningtonSupreme Court of Vermont · 1871
  4. Sterling v. SterlingSupreme Court of Vermont · 1868

3Cited by1 opinion

  1. Cairns v. MooneySupreme Court of Vermont · 1890

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