Livingston v. Page
Supreme Court of Vermont
General assumpsit. Pleas, the general issue and offset. Trial by jury at the December Term, 1901, Benningto-n County, Rowell, J., presiding. Judgment for the defendant on verdict ordered. The plaintiff excepted. The defense invoking the doctrine of public policy is always an ungracious one, and is never made out unless all other defenses fail. It “sounds at all times very ill in the mouth of the defendant.”
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General assumpsit. Pleas, the general issue and offset. Trial by jury at the December Term, 1901, Benningto-n County, Rowell, J., presiding. Judgment for the defendant on verdict ordered. The plaintiff excepted. The defense invoking the doctrine of public policy is always an ungracious one, and is never made out unless all other defenses fail. It “sounds at all times very ill in the mouth of the defendant.” Holman v. Johnson, Co>w. 343» Richmond v. R. R. Co., 26 la. 191; Richardson v. Mellish, 2 Bing. 229; Barrett v. Corden, 65 Vt. 431. Nichols v. Mudgett, 32 Vt. 546, and Powers v. Skinner,…
1Opinion of the Court
MÍunson, J.
At the close of the plaintiff’s evidence, the defendant moved that a verdict be directed in his' favor, on the ground that the contract claimed by the plaintiff was void, as against public policy. The court held the contract void for *358the reason assigned, and directed a verdict accordingly. The case is here upon the plaintiff’s exception to this holding.
The plaintiff called the defendant as a witness. The evidence consisted-of certain correspondence had by the parties; and the testimony of the parties as to the circumstances in which the letters were written, the meaning that was…
2Cases cited3 opinions
- Nichols v. MudgettSupreme Court of Vermont · 1860
- Fitch v. De YoungCalifornia Supreme Court · 1885
- Liness v. HesingIllinois Supreme Court · 1867
3Cited by3 opinions
- Martin v. FrancisCourt of Appeals of Kentucky · 1917
- Miller v. GlocknerOhio Court of Appeals · 1913
- Texas Oil Co. v. City of New OrleansLouisiana Court of Appeal · 1920