Lincoln v. Hemenway
Supreme Court of Vermont
General Assumpsit. Pleas, tbe general issue and offset. Trial by jury at the April Term, 1907, Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion sufficiently states the case.
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General Assumpsit. Pleas, tbe general issue and offset. Trial by jury at the April Term, 1907, Windham County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion sufficiently states the case. To find from the “pound party” transaction that defendant was then in need, it must first be presumed that the contributors had knowledge of defendant’s condition, and then it must be presumed that such condition was that of financial distress. A presumption cannot be based on a presumption. Hammond’s Admr. v. Smith, 17 Vt. 231; Ü. S. v. Ross, 92 U. S. 283;…
1Opinion of the CourtMunson, J.
The plaintiff claimed that she loaned the defendant eight hundred dollars in October, 1899’ for which no note was taken, and that she was owing the defendant nothing at that time. The defendant claimed that the sum loaned was six hundred dollars, and that she gave a note for that amount; but that the plaintiff was then owing her nearly two hundred dollars for services rendered during the three or four preceding years, and that two indorsements representing this indebtedness were made on the note, with the plaintiff’s consent, at the time . it was given. The defendant produced what purported…
2Cases cited3 opinions
- Stone v. TupperSupreme Court of Vermont · 1886
- Strong v. SlicerSupreme Court of Vermont · 1861
- McDowell v. McDowell's EstateSupreme Court of Vermont · 1903
3Cited by2 opinions
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Lefebvre's Admr. v. Central Vermont Railway Co.Supreme Court of Vermont · 1926