Spaulding, Foster & Co. v. Vincent
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported: That, it • was admitted that the articles charged were sold and delivered at Stanstead, in Lower Canada, and that the account and credits were correct.
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Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported: That, it • was admitted that the articles charged were sold and delivered at Stanstead, in Lower Canada, and that the account and credits were correct. To the account, the defendant plead,-before the auditor, his certificate and discharge in bankruptcy, (discharge dated, September 12th, 1842,) obtained from the commissioner of the bankrupt court, in the district of St. Francis, Province of Canada. To which plaintiffs replied a new promise. The defendant offered in evidence, the original…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The defense, in this case, rests upon a discharge in bankruptcy, obtained in the Province of Canada, where the contract for the sale of the goods sued for, was made. Numerous questions are raised in regard to the proof.
The proof of the discharge, and of the proceedings in the court of bankruptcy, seem to us to be sufficient. The best proof of the proceedings of a foreign court, are the original records. But that cannot ordinarily be produced. The testimony usually produced, is either a sworn copy, by one who has compared it with the…
2Cited by3 opinions
- State v. SpauldingSupreme Court of Vermont · 1887
- Higgins v. FullerNew Mexico Supreme Court · 1944
- State v. LyndeSupreme Judicial Court of Maine · 1885