Childs v. Merrill
Supreme Court of Vermont
Case for deceit. Plea, the general issue. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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Case for deceit. Plea, the general issue. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff alleged in his declaration that the defendant fraudulently represented to him that he, defendant, owned certain land, five shares of Fitchburg railroad stock and two horses, all free from encumbrance, and that he would give the plaintiff a lien on said property if the plaintiff would endorse for him a note for six hundred dollars; that the plaintiff did endorse said note relying upon such…
1Opinion of the CourtTaft, J.
I. The plaintiff called the defendant as a witness and was permitted to examine him under the rules applicable to the cross-examination of witnesses. This right was given the plaintiff by R. L., s. 1009, and in enforcing it the court did not err.
II. Facts are alleged in the declaration, which, if true, constitute a crime. At the time of the trial the statute barred any prosecution, and the defendant, called by the plaintiff, testified in relation to the alleged facts. Under exception he was asked if when a certain deposition was taken in New York, to be used in the cause on trial, and before…
2Cases cited8 opinions
- Bradish v. BlissSupreme Court of Vermont · 1862
- Town of Greensborough v. Town of UnderhillSupreme Court of Vermont · 1839
- Stevenson v. Hugh Gunning's EstateSupreme Court of Vermont · 1892
- Earle v. GroutSupreme Court of Vermont · 1873
- Weston v. GravlinSupreme Court of Vermont · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- Shockley v. Morristown Produce & Ice Co.Tennessee Supreme Court · 1928
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Hassam v. J. E. Safford Lumber Co.Supreme Court of Vermont · 1909
- McKinstry v. CollinsSupreme Court of Vermont · 1904
14 more not listed; retrieve them via the Exa API.