Parris v. Bellows's Estate
Supreme Court of Vermont
Appeal from the decision and report of commissioners on the defendant estate. Declaration in general assumpsit. Pleas, general issue and set-off. Trial by the court, ¡September Term, 1879, Royce, J., presiding.
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Appeal from the decision and report of commissioners on the defendant estate. Declaration in general assumpsit. Pleas, general issue and set-off. Trial by the court, ¡September Term, 1879, Royce, J., presiding. The plaintiff sought to recover $84.56, with $26.72 interest thereon, paid the testator by mistake in figuring interest on a note for $500. The defendant sought to apply in set-off a balance of $34.24, with interest thereon, due on a note for $234.24. Papers were introduced in evidence as follows: note for $500, dated March 1, 1865, signed by the plaintiff, payable to the testator in…
1Opinion of the Court
*353The opinion of the court was delivered by
Redfield, J.
The admission 'of the memorandum book was error. It contains, as the plaintiff claims, the memorandum of a fact, made by himself. He is by statute denied the right to testify to that fact; and he cannot make a memorandum that shall be legal evidence of that fact. The case is identical in principle with Jewett v. Winship, 42 Vt. 204, and Lapham v. Kelly, 35 Vt. 195, and the reasons given in those cases we deem sound in this.
Judgment reversed.
2Cases cited2 opinions
- Lapham v. KellySupreme Court of Vermont · 1862
- Jewett v. WinshipSupreme Court of Vermont · 1869
3Cited by4 opinions
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Post v. KenersonSupreme Court of Vermont · 1900
- Stockwell v. Stockwell's EstateSupreme Court of Vermont · 1918
- Wyman v. Wilcox's EstateSupreme Court of Vermont · 1893