Taggart v. Rice
Supreme Court of Vermont
Assumpsit. The declaration contained a special count covering the whole cause of action, and the common counts. Plea, the general issue. Trial by jury, December Term, 1862, Barrett, J., presiding. The special count and the plaintiff’s evidence, together with a claim of the defendant’s counsel' upon the trial, and the charge in respect thereto, are substantially set forth in the opinion of the court. Verdict for the plaintiff.
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Assumpsit. The declaration contained a special count covering the whole cause of action, and the common counts. Plea, the general issue. Trial by jury, December Term, 1862, Barrett, J., presiding. The special count and the plaintiff’s evidence, together with a claim of the defendant’s counsel' upon the trial, and the charge in respect thereto, are substantially set forth in the opinion of the court. Verdict for the plaintiff. Exceptions by the defendant. maintained that the plaintiff could have successfully resisted payment of the note to the defendant on the ground of the want of…
1Opinion of the Court
Poland, Ch. J.
The defendant’s request to the court, and the charge thereon to which exception is taken, are based upon the assumption that the facts are all found by the jury, which the plaintiff’s .evidence tended to prove.
The defendant held two notes against his son, B. F. Bice, of about *49$96., and Ms son was also indebted to Chester Baxter in the sum of $100., which the defendant for some reason desired to have paid and for which he was willing to advance the money, but was not willing to accept his son as debtor for the amount, believing or professing to believe that his son would be more…
2Cited by5 opinions
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