Cross & Brigham v. Willard's Estate
Supreme Court of Vermont
Appeal from the decision and report of the commissioners on the defendant estate, disallowing all of the plaintiffs’ claim for 1500 cigars, except for 100 thereof, at $4.50. Trial, by jury, September term, 1872,' Redfield, J., presiding.
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Appeal from the decision and report of the commissioners on the defendant estate, disallowing all of the plaintiffs’ claim for 1500 cigars, except for 100 thereof, at $4.50. Trial, by jury, September term, 1872,' Redfield, J., presiding. The plaintiffs claimed to have sold said cigars to the firm of Willard & Brigham, whereof the decedent was senior partner, and introduced the deposition of A. D. Pike, their salesman, who testified that on the 5th of December, 1867, he sold said firm-1500 cigars, for $70 ; that he had left said cigars on a previous trip, with one Johnson, clerk of one Cady…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The- objection and exception were to the introduction of the hotel books of Willard & Brigham, “ to show that no credit was given to Cross & Brigham on those books.” The plaintiffs had given evidence of the transaction constituting the alleged sale of the cigars, and according to that evidence, a part of that transaction was the directing, by Willard, the clerk of the hotel, to give credit for the cigars on the books to the plaintiffs. *75The propriety of the books as evidence for the purpose named, is fully tested and shown by inquiring what…
2Cases cited1 opinion
- Missisquoi Bank v. EvartsSupreme Court of Vermont · 1873
3Cited by1 opinion
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914