Comstock's v. Jacobs
Supreme Court of Vermont
General Assumpsit. Plea, the general issue. Trial by jury at the June Term, 1910, Orange County, Stanton, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Defendant’s answer that he did not call the witness a liar was collateral matter which it was error to allow plaintiff to contradict by the testimony of the witness.
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General Assumpsit. Plea, the general issue. Trial by jury at the June Term, 1910, Orange County, Stanton, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Defendant’s answer that he did not call the witness a liar was collateral matter which it was error to allow plaintiff to contradict by the testimony of the witness. Wigmore on Evidence, §1020; Gregg v. Willis, 71 Vt. 313; Powers v. Leach, 26 Vt. 277; Sterling v. Sterling, 41 Vt. 80; Wright v. Williams,. 47 Vt. 222; Fairchild v. Bascomb, 35 Vt. 398; McCulloch v. Insurance Co., 32 U.…
1Opinion of the CourtWatson, J.
This is an action in general assumpsit. Plea, general issue. The specifications contain three items: one is for the proceeds of a bank book, amounting to $811.93; *280one, for cash received for a fur coat, $40.; and one, a reasonable sum for the work and labor of Eunice Y. while living in defendant’s family. Thé plaintiff offered evidence in support of all these items, but the last one was neither argued nor submitted to the jury.
It appeared on the trial that the plaintiff Sanborn was also administrator of the estate of Jackson R. Comstock, the late husband of Eunice Y., and as such had brought a…
2Cases cited23 opinions
- Anthony v. County of JasperSupreme Court of the United States · 1880
- Manning v. Insurance Co.Supreme Court of the United States · 1880
- Linsley v. LovelySupreme Court of Vermont · 1853
- State v. SlackSupreme Court of Vermont · 1897
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. LapanSupreme Court of Vermont · 1928
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1923
- Fadden v. McKinneySupreme Court of Vermont · 1914
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
17 more not listed; retrieve them via the Exa API.