Legal Opinion

Wood v. Bangs

Superior Court of Delaware

Decided February 23, 1900No. Action of Debt on an award No. 103PublishedCited by 4 opinions

When the plaintiffs had rested, Mr. Higgins, on behalf of the defendant, moved for a nonsuit; contending that under the pleas in the case and the proof (viz., deed under seal containing the receipt for the full consideration money), there was evidence of the payment and release of the consideration which had not been rebutted by the evidence offered by the plaintiffs; that the testimony of the plaintiffs upon the matter of payment was hearsay and therefore incompetent, and…

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When the plaintiffs had rested, Mr. Higgins, on behalf of the defendant, moved for a nonsuit; contending that under the pleas in the case and the proof (viz., deed under seal containing the receipt for the full consideration money), there was evidence of the payment and release of the consideration which had not been rebutted by the evidence offered by the plaintiffs; that the testimony of the plaintiffs upon the matter of payment was hearsay and therefore incompetent, and that therefore a nonsuit should be granted. Counsel for plaintiffs opposed the granting of the nonsuit, contending that…

1Opinion of the Court

Boyce, J.:

We refuse the nonsuit.

Boyce, J., charging the jury:

Gentlemen of the jury:—This is an action in debt by which the plaintiffs seek to recover from the defendant the sum of five hundred dollars, together with interest thereon, the balance alleged to be due on an award by arbitrators, under their hands and seals, pursuant to an agreement of submission, duly entered into by the plaintiffs and the defendant, and sealed with their seals, respectively.

Note : The above stated case was previously put on trial at this term, but after progressing for one day Mr. Higgins, counsel for defendant,…

2Cases cited2 opinions

  1. Gill v. WellsCourt of Appeals of Maryland · 1883
  2. Maddux v. BevanCourt of Appeals of Maryland · 1874

3Cited by4 opinions

  1. Aiken v. National Fire Safety CounsellorsCourt of Chancery of Delaware · 1956
  2. Aiken v. National Fire Safety CounsellorsCourt of Chancery of Delaware · 1956
  3. Trans World Airlines, Inc. v. Summa Corp.Court of Chancery of Delaware · 1978
  4. Diehl v. McKinnonSupreme Court of Iowa · 1915

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