Ellis v. Watkins' Estate
Supreme Court of Vermont
This was an appeal from the decision of commissioners upon a claim presented against the estate of A. S. Watkins, late of Rutland, deceased. The claimant declared in assumpsit. Plea, the general issue with notice. Trial by jury, Rut-land County, September Term, 1899, Taft, C. J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff sought to recover upon a promissory note for $3,500. The defendant’s notice denied the execution of the note.
Read the full summary
This was an appeal from the decision of commissioners upon a claim presented against the estate of A. S. Watkins, late of Rutland, deceased. The claimant declared in assumpsit. Plea, the general issue with notice. Trial by jury, Rut-land County, September Term, 1899, Taft, C. J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff sought to recover upon a promissory note for $3,500. The defendant’s notice denied the execution of the note. The note was payable to Nellie A. Davis or order and endorsed by her. The plaintiff procured the note of the payee…
1Opinion of the CourtMunson, J.
It was error to' direct a verdict for the plaintiff. The testimony of witnesses familiar with the handwriting of Watkins, that in their judgment the signature to the note was not genuine, entitled the defendant to have the case submitted to the jury, notwithstanding the testimony of other witnesses that they saw Watkins sign it.
The plaintiff procured the note of Mrs. Davis after it became due. The defendant was entitled to show, as tending to impeach the consideration, that Mrs. Davis had no property of any description and had rendered Watkins no service that could have operated as a…
2Cases cited3 opinions
- Vrooman v. KingNew York Court of Appeals · 1867
- Tarbell v. SturtevantSupreme Court of Vermont · 1854
- Hyde v. LawrenceSupreme Court of Vermont · 1877