Hersey v. Barton
Supreme Court of Vermont
Trover for a horse, brought in the county of Washington. Plea, the general isue, and trial by jury, March Term, 1851, — Poland, J., presiding. It appeared, that the parties made an exchange of horses, which was claimed by the plaintiff to have been conditional, with the privilege of “ trading back.” On the part of the defendant it was claimed, that there was no condition to the trade, by which the plaintiff had a right to rescind the contract.
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Trover for a horse, brought in the county of Washington. Plea, the general isue, and trial by jury, March Term, 1851, — Poland, J., presiding. It appeared, that the parties made an exchange of horses, which was claimed by the plaintiff to have been conditional, with the privilege of “ trading back.” On the part of the defendant it was claimed, that there was no condition to the trade, by which the plaintiff had a right to rescind the contract. The only question in the case was in reference to the terms of the exchange. Testimony was introduced on each side. The plaintiff offered in evidence…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The only question raised in this case is upon the ruling of the county court, admitting the deposition of one Taber, which was introduced by the plaintiff and admitted by the court under objections by the defendant.
The deposition purports to recite a conversation between the plaintiff and the witness, in relation to the subject matter of the controversy between the parties to this suit, in the presence of the defendant, which the witness cannot say the defendant heard, though he gives it as his opinion, that he did hear it. We think, the…
2Cases cited1 opinion
- Gale v. LincolnSupreme Court of Vermont · 1839
3Cited by9 opinions
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- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Johnson v. PerrySupreme Court of Vermont · 1884
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