Brainard v. Buck
Supreme Court of Vermont
Assumpsit for money had and received and money paid. The plaintiff, according to his specification, claimed to recover $500, received by the defendants to their use, by the hand of Samuel Buck, deceased; also for money paid to the administrators of Richard P. Heartt, to redeem a mortgage which the defendants were under obligation to pay. Pleas, the general issue, and statute of limitations. Replications, traverse and a new promise within six years. Trial by jury.
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Assumpsit for money had and received and money paid. The plaintiff, according to his specification, claimed to recover $500, received by the defendants to their use, by the hand of Samuel Buck, deceased; also for money paid to the administrators of Richard P. Heartt, to redeem a mortgage which the defendants were under obligation to pay. Pleas, the general issue, and statute of limitations. Replications, traverse and a new promise within six years. Trial by jury. On trial, the plaintiff offered in evidence a deed to himself from Samuel Buck, dated July 14th, 1830 ; also, a m&rtgsge'froKS…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
On the trial of this case in the County Court, several questions were raised, but we do not find it necessary to decide but a small portion of them.
The plaintiff, on the trial, claimed the right to give in evidence the statements or declarations of Samuel Buck. As these declarations are not ■prima facie admissible, it was incumbent upon the plaintiff to show enough to take them out of the ordinary rule, otherwise there would be error in admitting them. The case only shows that at a proceeding in chancery, to foreclose the mortgage of Heartt…
2Cited by4 opinions
- Jasmin v. ParkerSupreme Court of Vermont · 1930
- Pierce's Administrator v. PierceSupreme Court of Vermont · 1894
- Moore v. StevensSupreme Court of Vermont · 1860
- Brayton v. RockwellSupreme Court of Vermont · 1869