Groot v. Story
Supreme Court of Vermont
Assumpsit on the common counts, under which the plaintiff, at a former term, filed the following specification : 1864. May 28, To cash, two hundred and ninety-five dollars. $295. To interest on same to Sept. 10, 1866, 40.41 $835.41 Plea, the general issue and trial by jury, September term 1870, Pierpoint, Ch. J., presiding. Neither party made any preliminary statement of his claim, or what he expected to prove, to the court or jury.
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Assumpsit on the common counts, under which the plaintiff, at a former term, filed the following specification : 1864. May 28, To cash, two hundred and ninety-five dollars. $295. To interest on same to Sept. 10, 1866, 40.41 $835.41 Plea, the general issue and trial by jury, September term 1870, Pierpoint, Ch. J., presiding. Neither party made any preliminary statement of his claim, or what he expected to prove, to the court or jury. The plaintiff, without stating what he claimed the same to be, offered, in evidence, the following paper, which was admitted, by the defendant, to have been…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This was an action of assumpsit upon the following specifications:
May 28th, 1864, to cash, ........ $295 00
To interest to Sept. 10th, 1866,. 40 41
$335 41
In support of the claim, the plaintiff introduced the following instrument:
Due Mr. Harvey Groot two hundred and ninety-five dollars, in part payment for a piano: said piano to be selected by Mr. Groot. Burlington, May 28th, 1864.
H. L. STORY.
The defendant offered to prove that said writing-was executed in consideration that defendant at that date received of the plaintiff an *206old piano, in…
2Cases cited2 opinions
- Winn v. ChamberlinSupreme Court of Vermont · 1859
- M. Noyes & Co. v. CanfieldSupreme Court of Vermont · 1854
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