Doon v. Ravey
Supreme Court of Vermont
General Assumpsit. -Pleas, the general issue and set-off. Trial by jury, September Term, 1876, Royce, J., presiding. The item of the plaintiff’s specifications in question related to a promissory note for $300, given by the defendant to the plaintiff as, in part, the difference in value between farms and other property exchanged by them, which note the plaintiff claimed the defendant had appropriated to his own use.
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General Assumpsit. -Pleas, the general issue and set-off. Trial by jury, September Term, 1876, Royce, J., presiding. The item of the plaintiff’s specifications in question related to a promissory note for $300, given by the defendant to the plaintiff as, in part, the difference in value between farms and other property exchanged by them, which note the plaintiff claimed the defendant had appropriated to his own use. It appeared that the price agreed upon for the defendant’s farm was $2,000, of which $1,500 was to be applied as, to that extent, a payment for plaintiff’s farm, and the…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
I. Complaint -is made because the court below declined to answer the defendant’s request to state to the jury the weight that should be given to certain deeds in evidence. It is insisted that the court should have told the jury, in substance,' that the deeds were important evidence for them to consider. *296The court is not bound to express any opinion in the charge, upon the weight of evidence offered on the trial. It is the province of the jury .to judge in this behalf; and the court is not bound to answer a request to charge, unless it…
2Cases cited2 opinions
- Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
- Stanford v. BatesSupreme Court of Vermont · 1850
3Cited by8 opinions
- Rudd v. DeweySupreme Court of Iowa · 1903
- Noyes, French & Fickett v. ParkerSupreme Court of Vermont · 1892
- Estate of Brown v. StairColorado Court of Appeals · 1913
- Quinn's Adm'rs v. HalbertSupreme Court of Vermont · 1884
- Harbaugh v. TannerIndiana Supreme Court · 1904
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