Woodrow v. O'Conner
Supreme Court of Vermont
Assumpsit. The first count in the plaintiff’s declaration was for money had and received, and the remaining counts were upon an award of arbitrators, but, during the trial, tlie plaintiff waived the counts upon the award. The defendant plead the general issue, and the case was tried by jury, at the January Term, 1856, — Poland, J., presiding. Upon the trial, the following facts appeared which were not controverted by either party.
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Assumpsit. The first count in the plaintiff’s declaration was for money had and received, and the remaining counts were upon an award of arbitrators, but, during the trial, tlie plaintiff waived the counts upon the award. The defendant plead the general issue, and the case was tried by jury, at the January Term, 1856, — Poland, J., presiding. Upon the trial, the following facts appeared which were not controverted by either party. At the time of the transactions referred to, both the plaintiff and the defendant lived in Hereford, Canada East. In December, 1848, a controversy arose between…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The facts in this cáse all appear upon the bill of exceptions, and the case states that they were not controverted on the trial. It appears that the notes, submission and award were all made in Canada East, where both parties, at the time, resided, and hence it must be regarded as a Canada transaction, and to be governed by the Canada laws. We cannot, however, take judicial notice of the laws of Canada, and there being no evidence before us as to what those laws are upon .the facts now before us, we are to assume that there is no distinction…
2Cases cited3 opinions
- Battey v. ButtonNew York Supreme Court · 1816
- Schoonmaker v. RoosaNew York Supreme Court · 1820
- Bulkley v. StewartSupreme Court of Connecticut · 1803
3Cited by11 opinions
- Day v. . HammondNew York Court of Appeals · 1874
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- Brewer v. BainSupreme Court of Alabama · 1877
- Pardridge v. RyanIllinois Supreme Court · 1890
- Commercial Finance Corp. v. GaleSupreme Court of Vermont · 1932
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